Appeals Significant Cases
FMG Attorney Michael Hill Secures Affirmance of Summary Judgment in Case Alleging Violations of a Public Employee’s First Amendment Rights
Silvia Cotriss v. City of Roswell, et al., Case No. 19-12747 (11th Cir., June 29, 2022). FMG Attorney Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and…
Silvia Cotriss v. City of Roswell, et al., Case No. 19-12747 (11th Cir., June 29, 2022). FMG Attorney Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and its police officers in the Eleventh Court of Appeals after a former city police officer was terminated for flying a Confederate flag at her home. She filed suit under 42 U.S.C. § 1983 alleging that her First Amendment right to free speech had been violated. Mr. Hill argued that the officer’s display of the flag could impair the City’s ability to effectively run the police department and could diminish the public’s trust in the police. Applying the balancing test established by the Supreme Court in Pickering v. Board of Education, the Court held that the city’s interest in effective and efficient fulfillment of the police department’s operations outweighed plaintiff’s speech interest. The Court found that the city has a “clear interest” in maintaining a favorable reputation with the public that could be impeded if members of the public associate the symbolism of the Confederate flag with the police department.
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FMG Obtains Summary Judgment on Coverage Dispute for Insurer in Illinois Federal Court
FMG attorney, Jonathan L. Schwartz, prevailed on summary judgment in favor of National Fire & Marine Insurance Company in the U.S. District Court for the Northern District of Illinois before a federal judge. As background,…
FMG Secures Dismissal of Complaint for Violation of the Fair Credit Reporting Act in Pennsylvania
Jacob Gates v The Grier Foundation and Geoffrey Grier, United States District Court for the Middle District of Pennsylvania, Civil Action No. 4:23-cv-01443. FMG attorneys Cindy O’Donnell and Morgan Randle prevailed on a motion to…
FMG Secures Summary Judgment on Fourth Amendment Unlawful Entry/Excessive Force Claims in Georgia
C.J., a minor, by and through her next friend and guardian Betty Jean Murphy James, et al., v. Michael Blaquiere and Downy Casey, United States District Court for the Southern District of Georgia, Civil Action…
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 Secures Motion to Dismiss in Class Action RICO Case in Georgia
FMG attorneys Travis Knobbe, Luke Zavoli, and Matt Foree prevailed on a motion to dismiss in the United States District Court for the Northern District of Georgia before a federal judge on claims related to…
Summary Judgment for Professional Liability Claim in Orange County
FMG attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in the Ninth Judicial Circuit Court in Orange County, Florida on claims of legal malpractice and spoilation of evidence. The matter concerned…
FMG Secures Early Dismissal in Georgia Premises Liability Case
FMG attorneys Wayne Melnick and Sangeetha Krishnakumar secured an early dismissal of a security company in a Gwinnett County, Georgia case. Plaintiff, the surviving parent and administrator of her son’s estate, brought suit against the…
Motion To Dismiss Granted in Behavioral Health Care Provider Case in Pennsylvania
Justin Boron and Julia Bover of FMG represented a behavioral health care provider in a data breach class action. Plaintiffs alleged that they received healthcare services from the provider. As part of receiving services there,…
Wrongful Death Dismissed With Prejudice in Newark
FMG attorneys prevailed on a motion to dismiss with prejudice after protracted motion practice over the course of over two years, including two trips to the Appellate Division. Trial Court Judge Keith Lynott in Newark…