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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FMG Obtains Summary Judgment in Landlord Liability Case in Georgia

Attorneys Wayne Melnick and Sangeetha Krishnakumar won summary judgment for FMG clients in Fulton County, Georgia. Plaintiff, the surviving parent and administrator of her son’s estate, brought suit against a property owner alleging theories of premises liability/negligent security against FMG’s…

FMG Obtains Dismissal of Insurance Coverage / Bad Faith Action in Kentucky

Lienholders sued officers of a defunct corporation, alleging breach of contract, negligent misrepresentation, and fraud. They sought more than $18 million for work and materials in the construction of a cannabis processing plant in Western…

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,…

FMG Attorneys Obtain Summary Judgment Win in Trust Case in Massachusetts

FMG attorneys Jessica Kelly and Nancy Reimer obtained summary judgment for our client who served as a trustee of a marital trust.  The surviving wife of the settler of the trust was unhappy with the…

FMG Wins Dismissal of Data Breach Class Action Lawsuit in Oklahoma

FMG Attorneys David Cole and Matt Foree won a motion to dismiss in a class action lawsuit filed against Oklahoma City University involving a data breach that occurred in July 2022. The proposed class action…

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 Obtains Summary Judgment in Georgia Wage and Hour Case

FMG attorneys John Bennett and Bill Buechner recently prevailed on a motion for summary judgment on behalf of a major construction company in connection with multi-plaintiff claims for alleged violations of the Fair Labor Standards…

Summary Judgment Win in Personal Injury Case in Georgia

FMG Attorneys Jennifer Adair and Aaron Miller succeeded in their motion for summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry…

FMG Attorneys Obtain Dismissal of Legal Malpractice Action in Massachusetts

FMG Attorneys Nancy Reimer, Jessica Kelly, and Brendan Collins obtained dismissal of the plaintiff’s legal malpractice action as untimely. FMG’s client previously represented the plaintiff in an action brought by a condominium association seeking to…

FMG Wins Dismissal of Data Breach Class Action Lawsuit

FMG Attorneys David Cole and Matt Foree won a motion to dismiss a class action lawsuit filed against Oklahoma City University over a July 2022 data breach. The proposed class action alleged the University failed…

Summary Judgment Win in Georgia

Jennifer Adair and Aaron Miller obtained summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry ramp. Counsel were able to establish…