Appeals Significant Cases

Eleventh Circuit Finds for Insurer in COVID-19 Case of First Impression in Georgia

Phil Savrin and Shawn Bingham successfully represented Allied Insurance Company of America (a Nationwide entity) in resisting a claim by a restaurant (Henry’s Louisiana Grill) seeking coverage for business income lost after it suspended its…

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Phil Savrin and Shawn Bingham successfully represented Allied Insurance Company of America (a Nationwide entity) in resisting a claim by a restaurant (Henry’s Louisiana Grill) seeking coverage for business income lost after it suspended its operations after the COVID-19 outbreak. The central question, which had not been decided previously under Georgia law, was whether the closure of the restaurant following an executive order by the Georgia governor resulted in a “direct physical loss” of the property. The appeals court agreed that the term “direct physical loss” under Georgia law requires a physical to the property that is “tangible or concrete.” Here, at most, the governor’s order caused “intangible” harm as “it did not destroy, ruin, or even damage any part of the restaurant.” The appeals court noted that its reasoning is in line with “every federal and state appellate court” that applied the same policy language in the COVID-19 context.

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Summary Judgment and Attorney’s Fees Obtained on Counter-Claims in Georgia

Wayne Melnick obtained summary judgment on both plaintiffs’ claims and our client’s counter-claims in Fulton County, Georgia.   Plaintiffs (husband and wife) alleged that while attending her child’s gymnastics exhibition, the wife fell off a mat…

Summary Judgment in Insurance Coverage Dispute in Georgia

Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case…

Summary Judgment in Negligence Case in Pennsylvania

Josh Ferguson and Michelle Yee obtained a favorable result for a residential and commercial landscape design company in Philadelphia County Court of Common Pleas. After falling off a retainer wall built by our client, plaintiff…

Summary Judgment in Multi-Million Dollar Class Action Pension Case in Georgia

Ben Mathis, Robert Marcovitch and Bill Buechner recently obtained summary judgment on behalf of Hall County in a class action pension lawsuit brought in the Superior Court.  In the lawsuit, Plaintiffs sought over $100 million…

Plaintiff’s Verdict Overturned in Post Trial Motion in Massachusetts

Kevin Kenneally and William Gildea in FMG’s Boston office won a post-trial motion for JNOV to overturn a $750,000 judgment awarded in favor of the Estate of a nursing home resident who allegedly died as…

Permanent Injunction Granted in Business Solicitation Dispute in New Jersey

Chris Donnelly and Paul Piantino secured injunctive relief in federal court in New Jersey on behalf of a large commercial client, converting a temporary restraining order into a one-year preliminary injunction against our client’s former…

FMG Victory: Pennsylvania federal judge dismisses claims for COVID-19 related injuries

An Eastern District of Pennsylvania judge has ruled that Tyson Foods, Inc. (“Tyson”) is immune from liability for claims asserted by the family of a supervisor at a Philadelphia meatpacking plant who died of complications…

Paul Piantino and Aviation Practice Team Earn Victory at Buffalo-Niagara International Airport

Paul Piantino and the Aviation Practice Team secured a big win on summary judgment in New York Supreme Court in Erie County this past November. The case centers around the “duty to warn” and liability…

FMG Obtains 7 Figure Settlement On Behalf of Insured in E&O Case

Freeman Mathis & Gary LLP recently obtained a seven figure plus settlement on behalf of an insurer client in connection with a Negligence and Breach of Contract action against one of the Insurer’s Binding Agents.…

Paul Piantino and Christopher Donnelly Obtain Successful Outcome for Client in the New Jersey Appellate Division

Paul Piantino and Christopher Donnelly obtained a reversal and remand resulting from their Appeal of a Final Judgment entered by a Bergen County Trial Court. The case arose out of an underlying action in the…

Casey Stansbury and Team Secure Favorable Settlement On the Verge of Trial

Casey Stansbury and the FMG team successfully secured settlement in a wrongful conviction case involving our a City client. The plaintiffs brought suit in federal court for various claims, including but not limited to, malicious…

Phil Savrin and Mallory Ball Obtain Summary Judgment On Behalf of Insurance Company

Summary Judgment awarded to client Scottsdale Insurance Company Mallory Ball and Philip Savrin secured summary judgment for the insurer on the insured’s first-party property damage claim to a commercial building allegedly related to storm damage.…