Appeals

FMG Appellate Team Obtains Victory for Nonprofit Corporation in California Court of Appeals

Jason A Bezis v. Livermore Heritage Guild, Case No. A160921 (Cal. Ct. App., June 30, 2020). FMG’s San Francisco appellate team obtained an affirmance from the California Court of Appeals of a trial court’s denial…

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Jason A Bezis v. Livermore Heritage Guild, Case No. A160921 (Cal. Ct. App., June 30, 2020). FMG’s San Francisco appellate team obtained an affirmance from the California Court of Appeals of a trial court’s denial of plaintiff’s petition for writ of mandate seeking reinstatement of his membership in a nonprofit corporation and other related relief. In a thorough opinion, the Court of Appeals held that the plaintiff lacked a present beneficial interest to be afforded the relief he sought, that laches barred his claims, and that the trial court did not err in denying his petition for nullification of the voting and elections at a meeting of the corporation because his membership had already lapsed.

More Successes

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…

Eleventh Circuit Affirms Grant of Immunity for Investigator in Georgia

FMG attorneys Wesley Jackson and Steven Grunberg recently prevailed at the Eleventh Circuit Court of Appeals on behalf of a Berrien County Sheriff’s Office investigator. Plaintiff brought Section 1983 and state law claims against an investigator…

FMG Secures Victory in $6M Judgment Stay Vacated by Indiana Appeals Court

FMG Attorneys Patrick Eckler and Joshua Zhao prevailed in the Court of Appeals of Indiana on a plaintiff’s motion for review of an order vacating a $6 million default judgment against our client. FMG successfully…

Georgia Supreme Court Declines Review on UM Coverage Favorable to Insurers

In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on…

FMG Secures Ninth Circuit Victory in California: No Duty to Indemnify for Insured’s Fraud

FMG Attorneys Christian Nagy, Al Alikin, Will Hadikusumo, and Nick Directo secured a victory in the matter of Primary Color Systems, Inc. v. Hiscox Insurance Company, 2024 WL 489171 (9th Cir. Cal. 2024) aff’d 654…

FMG Attorneys Prevail in Multimillion-Dollar Class Action Pension Dispute in Georgia

FMG attorneys Ben Mathis, Michael Freed, and Bill Buechner prevailed on behalf of Hall County, Georgia in a pension dispute seeking over $100 million in lost contributions and profits on behalf of a class of…

Massachusetts Federal Court Dismisses Legal Malpractice Case

Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…

Pennsylvania Court of Appeals Affirms Summary Judgment to FMG Client

FMG attorneys Erin Lamb, Lisa Grandner, and Joshua Ferguson obtained summary judgment for a client in a case in Pennsylvania arising out of an accident between the plaintiff’s motorcycle and a motor vehicle  that occurred…

FMG Client Wins Kentucky Appeal on Scope of Settlement Agreement

Attorneys Barry Miller and Sean Harrison from FMG’s Lexington, Kentucky office prevailed in a matter before the Kentucky Court of Appeals where the plaintiff challenged the enforcement of a settlement agreement that purportedly resolved a…

FMG Client Prevails in Coverage Appeal in Georgia

FMG attorneys Rachael Slimmon and Michael Freed prevailed in an appeal before the Georgia Supreme Court by an insured apartment owner/manager. FMG’s client issued an umbrella policy to the insured which “followed form” to a…

Eleventh Circuit Victory in Insurance Coverage Case

FMG attorneys Michael Freed, Matt Boyer, and Rachael Slimmon prevailed in the Eleventh Circuit Court of Appeals in an insurance coverage case addressing the priority of coverage between its client’s umbrella policy and another carrier’s…

Appeals Court Win in Multi-Million Dollar Class Action Benefits Case in Georgia

FMG attorneys Ben Mathis, Bill Buechner, and Michael Freed secured a favorable decision from the Georgia Court of Appeals affirming summary judgment in a class action case challenging a Georgia county’s employee retirement plan. The…