Appeals
Eleventh Circuit Case Win on Remedies for Georgia Students with Disabilities
Wayne Melnick and Michael Hill prevailed before the Eleventh Circuit Court of Appeals in a case of first impression regarding whether Title II of the Americans with Disabilities Act permits recovery for emotional-distress damages. The…
Wayne Melnick and Michael Hill prevailed before the Eleventh Circuit Court of Appeals in a case of first impression regarding whether Title II of the Americans with Disabilities Act permits recovery for emotional-distress damages. The plaintiffs were public school students alleging discrimination on account of developmental disabilities alleging their former teacher physically and emotionally abused them and that the school principal failed to report the alleged abuse to the proper authorities in a timely manner. Representing the school district and the principal, Mr. Melnick and Mr. Hill obtained an order granting their motion to dismiss the students’ complaint for recovery of emotional-distress damages while also successfully opposing the students’ motion to amend their complaint on grounds that the proposed amendment would be futile. On appeal, the Eleventh Circuit affirmed the dismissal of the students’ claims for emotional-distress damages and Due Process claims against the school district and principal under 42 U.S.C. 1983. The Eleventh Circuit also took the increasingly rare step of publishing this opinion, meaning it now is controlling precedent and binding on all federal courts in the circuit.
A.W. et al v. Coweta County School District et al, Eleventh Circuit Court of Appeals, Case No. 22-14234.
More Successes
More Successes
Appellate Win in Illinois Climbing Case
Michael Sanders, Brad Purcell and Sophie Stevanovich obtained a favorable decision from the Illinois Appellate Court affirming the use of exculpatory clauses. Plaintiff broke her ankle after falling while top rope climbing at an indoor facility. Plaintiff…
Georgia Supreme Court Upholds Sovereign Immunity Win
Sun Choy and Wes Jackson obtained an appellate victory for the City of Roswell in a case involving an officer’s use of spike strips to stop a high-speed pursuit. The officer involved parked his car…
Ohio Appellate Victory in Slip and Fall Case
Doug Holthus and Cara Wright received an affirmed summary judgment in Ohio’s Third District Court of Appeals in favor of FMG’s client, a local school district board of education, in a slip and fall case.…
Florida Ruling Reversed in Major Appellate Win
Robert Klein and Chris Fraga prevailed in having Florida’s Third District Court of Appeal reverse a prior order incorrectly denying a motion to dismiss for improper venue based on their attorney client’s engagement agreement. Based…
Commonwealth Court of Pennsylvania Affirms Decision Regarding Statute of Repose
FMG attorney Sean Riley prevailed on appeal before the Commonwealth Court of Pennsylvania in a matter involving claims asserted against an architecture firm arising from the design and construction of the County’s jail. In 2021,…
Victory in Georgia Court of Appeals to Enforce Arbitration Clause Property Dispute
FMG attorneys Michael Freed and George Green prevailed in an appeal of a trial court’s denial of a motion to compel arbitration. The case arose from a developer’s sale of two adjacent residential lots to…
Eleventh Circuit Appeal, Secures Qualified Immunity for Georgia Officers
FMG attorneys Michael Freed and Sun Choy obtained a victory in the Eleventh Circuit Court of Appeals on behalf of seven Athens-Clarke County police officers who were granted qualified immunity in a Fourth Amendment excessive…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
Cynthia O’Donnell and Shane Miller successfully obtained a judgment from the Third Circuit Court of Appeals affirming the dismissal of a case alleging violations of Plaintiffs’ Fourth Amendment rights. The case involved FMG’s defense of…
Fifth Circuit Court of Appeals Sides with FMG Client in Section 1983 Win
FMG attorneys successfully represented Midland County, Texas in a decision that may be headed to the Supreme Court. In Wilson v. Midland County, the Court of Appeals for the Fifth Circuit affirmed the dismissal of…
Dismissal in Georgia Appeal Regarding Municipal Ante Litem Notice
Sun Choy and Jake Daly successfully handled a case in which the Georgia Court of Appeals affirmed the dismissal of a case against FMG’s client, the City of Albany, based on inadequate ante litem (pre-suit)…
Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad of legal malpractice and conspiracy-based claims asserted against an attorney who purportedly facilitated an oral loan agreement designed to defraud judgment creditors.…
Evansville, Indiana Successfully Defends Sign Code Against First Amendment Challenge
Phil Savrin, Sean Harrison, and Bill Buechner successfully represented the City of Evansville, Indiana in an appeal from the dismissal of a First Amendment challenge to a sign ordinance case that was heard by the…