Appeals Significant Cases

FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19

Henry’s Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. 2022).  In a case of first impression, the Eleventh Circuit affirmed the district court’s dismissal of an insured’s claim for…

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Henry’s Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. 2022).  In a case of first impression, the Eleventh Circuit affirmed the district court’s dismissal of an insured’s claim for lost business income after it suspended operations at its restaurant due to COVID-19 in a matter handled by Atlanta Partners Philip Savrin and Shawn Bingham.  The insured contended that the closure was the result of an executive order issued by the governor of Georgia.  The appeals court agreed with the lower court’s finding that the term “direct physical loss” under Georgia law requires a physical loss to the property that is “tangible or concrete.” Here, at most, the governor’s order caused “intangible” harm as “it did not destroy, ruin, or even damage any part of the restaurant.” The appeals court noted that its reasoning is in line with “every federal and state appellate court” that applied the same policy language in the COVID-19 context.

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More Successes

Successfully Motion to Disqualify in California

Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. The plaintiff’s counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Therefore, Sharon argued that…

Dismissal of a Petition for Writ of Certiorari

FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (“City Council”) in Fayette County Superior Court. The plaintiff,…

Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals 

On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals.   In the underlying cases, the plaintiff property owner sought a special…

Cisco Cleared In $371M Software Patent Trial in Massachusetts

A jury in the U.S. District Court in Boston ruled in favor of Cisco Systems Inc. in a $371 million patent suit, finding that the California tech giant did not infringe a Massachusetts software company’s…

Dismissal Based on Eleventh Amendment Immunity in Medical Board Defamation Suit in California

FMG Attorneys Brian Skalsky, Lizel Cerezo, Al Alikin, and Will Hadikusumo, successfully obtained a dismissal with prejudice on behalf of their client, the North Carolina Medical Board (“NCMB”), in California federal court. The plaintiff, a…

Summary Judgment for Claims Adjusting Agency on a Failure to Settle Claim in Georgia 

Ignacio Negrete v. National Unity Insurance Company et. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for…

NLRB Affirms Dismissal of Failure to Bargain Complaint

Dallas FMG attorney Robert Chadwick obtained a favorable appellate ruling from the National Labor Relations Board (“NLRB”) on behalf of a transportation company. After an evidentiary hearing, an administrative law judge below dismissed a failure…

FMG Attorney Philip Savrin Obtains Affirmance of Summary Judgment on Behalf of Insurance Company in Eleventh Circuit Court of Appeals

Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. 21-12918 (11th Cir., June 29, 2022).  FMG Attorney Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a…

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…

Partners Michael Freed and Brian Goldberg Secure Appellate Win Affirming Dismissal of Plaintiff’s Wrongful Foreclosure Claim

Richard Durham v. Aerial Funding, LLC, Case No. 21-13847 (11th Cir., July 1, 2022).  In appeal handled by Atlanta Partners Michael Freed and Brian Goldberg, the Eleventh Circuit affirmed the dismissal of a plaintiff’s wrongful…

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…

Georgia Court of Appeals Grants Petitions for Interlocutory Appeal to Two Cases Handled by FMG Tort and Appellate Teams

Friendship Enterprises, Inc., d/b/a Elevation Chophouse v. Hasty, (Ga. Ct. App.).  The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of…