Appeals
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…
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 a complaint challenging the constitutionality of a conviction almost 20 years ago. Although the plaintiff based her claim on information that was newly discovered, she did not seek to set aside her conviction but instead sought damages as a result of what she contended to have been an unfair trial. The district court dismissed the complaint based on the Supreme Court’s 1994 decision in Heck v. Humphrey that held a claim under 42 U.S.C. § 1983 claim that impugns the validity of a criminal conviction does not accrue until the prosecution has terminated in favor of the plaintiff. In Heck, the plaintiff was still in custody and had not sought to be freed by seeking a writ of habeas corpus from the federal court. Seizing on this aspect of the case, as well as some commentary in Supreme Court decisions post-Heck, the federal circuits have split almost evenly on whether the holding is limited to circumstances where the plaintiff is still serving the criminal sentence.
In Wilson v. Midland County, a majority of the 18 judges on the Fifth Circuit affirmed the district court’s dismissal of the complaint, finding Heck broadly held that seeking a writ of habeas corpus from a federal court is one means by which a prosecution can end favorably, but not the only means. Phil Savrin presented the argument to the court on May 15, 2024, with the assistance of Michael Freed and Bill Buechner on the briefs. The decision was issued on September 13, 2024. A petition for review to the Supreme Court is expected to be filed by mid-December.
More Successes
More Successes
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…
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.…
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…