Appeals
Eleventh Circuit Court of Appeals Reverses Denial of Qualified Immunity
In a collaboration among FMG’s Labor & Employment, Government Law and Appellate Advocacy practice groups, attorneys Jack Hancock, John Bennett, Kirsten Daughdril and Michael Freed obtained a reversal of a federal district court’s ruling denying qualified immunity to a county commissioner.…
In a collaboration among FMG’s Labor & Employment, Government Law and Appellate Advocacy practice groups, attorneys Jack Hancock, John Bennett, Kirsten Daughdril and Michael Freed obtained a reversal of a federal district court’s ruling denying qualified immunity to a county commissioner. That commissioner, along with two others, voted to terminate the employment contract of the county’s chief financial officer. She sued the county and the three commissioners claiming she was terminated in retaliation for her husband’s political activities in violation of her First Amendment right to intimate association. FMG argued that its client was entitled to qualified immunity because the plaintiff failed to allege a violation of clearly established law. The district court denied this argument, but after appeal, Eleventh Circuit Court of Appeals agreed with FMG, reversed the district court’s order, and ordered that the commissioner should be dismissed from the case.
Bivins v. Hambrick et al.; United States Court of Appeals for the Eleventh Circuit; Case No. 23-13029
Professionals
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Massachusetts Appeals Court Affirms Dismissal of Accounting-Malpractice Claims
FMG attorney Will Covino prevailed in the Massachusetts Appeals Court on behalf of a local accounting firm, defeating an accounting‑malpractice claim in which the plaintiffs sought millions of dollars in damages tied to purported below‑market valuations and…
Georgia Court of Appeals Affirms Dismissal in Insurance Coverage Dispute
FMG attorneys Scott Anderson, Jacob Madsen and Cameron Regnery recently obtained a victory in the Court of Appeals of Georgia, receiving a judgment affirming dismissal of all claims against a Georgia insurance broker. The plaintiff, a commercial trucking company, alleged…
Eleventh Circuit Affirms Summary Judgment in Wrongful Death Action
FMG attorneys Sun Choy and Wes Jackson prevailed on all claims in wrongful death civil rights action on behalf of four deputies at a metro-area county jail. The plaintiffs claimed the four deputies failed to provide adequate medical care…
Eleventh Circuit Affirms Summary Judgment in Property Loss Suit
FMG attorneys Phil Savrin and Bill Buechner secured summary judgment in favor of an insurance company that had been sued for millions of dollars in claimed property losses. The lawsuit was filed in 2019 and took several years to…
Georgia Court of Appeals Victory
FMG attorneys Dana Maine, Kevin Stone and Katie Taylor obtained a win in the Georgia Court of Appeals in a tort and breach of contract case against a governmental entity and its development authority. The plaintiff, a subsidiary…
Defense Verdict in Massachusetts Wrongful Death Case
FMG partners Michael J. Griffin and Richard L. Nahigian recently won a medical malpractice wrongful death case filed by the estate of a nursing home resident. The plaintiff’s estate alleged that the 52 year-old wheelchair bound resident died after…
Eleventh Circuit Affirms Dismissal in Landmark ADA Emotional Distress Case
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…
Illinois Appellate Court Upholds Pre-Accident Waiver
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 Dismissal
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 Court Upholds Summary Judgment Based on Known Danger
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 Court of Appeals Reverses Lower Court and Enforces Engagement Agreement
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,…