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
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,…
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…
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…