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.
Professionals
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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…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
FMG attorneys 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…
FMG Prevails in Appeal Regarding Municipal Ante Litem Notice in Georgia
FMG attorneys 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…
Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Edward P. O’Neil, III, et al. v. Estate of Charles E. Gaudet, et al., Middlesex Superior Court, C.A. No. 2281-CV-03571. FMG attorneys Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad…
FMG Assists Evansville, Indiana in Defeating a First Amendment Challenge to its Sign Code
FMG Attorneys 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…
FMG attorneys Nicolas Bohorquez and Dana Maine successfully defended the City of Roswell and the Director of Planning and Zoning for the City in a lawsuit filed in the United States District Court, Northern District…
A recurring issue in Georgia municipal law is the failure of plaintiffs to comply with the municipal ante litem notice statute, especially the requirement that a person’s notice of a claim include a specific settlement…
FMG obtains Summary Judgement Victory from California Court of Appeals
Practice Fusion, Inc. v. Freedom Specialty Ins. Co., et al. California Court of Appeal, Case No. A167130; A167886 FMG Attorneys Al Alikin and Christian Nagy, along with attorneys for other carriers in the same D&O…
CARL RALPH DAILY v. PHIL SMITH AND LAW OFFICE OF PHIL SMITH. Sixth Appellate District of Texas at Texarkana FMG attorneys Bob Chadwick and Jack Doyle prevailed on appeal in the Sixth Appellate District of…
FMG Attorney Wins Appeal on Anti-SLAPP Motion in Fulton County State Court in Georgia
FMG attorney Nicolas Bohorquez prevailed on his appeal of a Fulton County State Court decision denying a motion to strike under Georgia’s Anti-SLAPP statute. A nightclub and its owner brought a suit against the Ansley…
FMG Prevails in California Court Extending Assumption of Risk Doctrine to Surfing Injuries
FMG Attorneys Al Alikin, Brian Skalsky, Christian Nagy, and Chris Fleissner prevailed in a case of first impression before the California Court of Appeal in the matter of Olson v. Saville., 98 Cal. App. 5th…