Significant Cases
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…
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 dismiss for lack of jurisdiction in the United States District Court for the Middle District of Pennsylvania before a federal judge on a claim for violation of the Fair Credit Reporting Act (“FCRA”). The matter concerned a claim asserted by an applicant for a teaching position at a private secondary girls’ school for violation of the FCRA. The Plaintiff received an offer of employment, which Plaintiff claimed was improperly rescinded upon the school’s receipt of plaintiff’s FBI criminal history records reflecting that plaintiff had criminal convictions for misdemeanor trespass. Plaintiff claimed that the FBI report was inaccurate because it did not reflect that his criminal record had been expunged and that the school failed to provide him with written notice required by the FCRA of his right to contest the accuracy of the report with the consumer reporting agency which generated the FBI report. Plaintiff, however, directly contested the report’s accuracy by giving the school documentation reflecting that his record had been expunged. The District Court agreed with FMG attorneys that Plaintiff lacked standing to sue under the FCRA, as he failed to establish a concrete, injury-in-fact, as a result of not receiving notice from the school of his right to contest the accuracy of the FBI report, because after he directly contested the accuracy of the FBI report with the school, the school upheld its hiring decision. According to the Court, the school had all of the information that it would have had if Plaintiff had provided the school with a corrected FBI report from the consumer reporting agency and therefore, the school’s receipt of a corrected FBI report would not have impacted its hiring decision. As such, the Court determined that Plaintiff failed to allege a concrete injury due to the technical statutory violation of the FCRA. The Court dismissed Plaintiff’s FCRA claim because Plaintiff lacked Article III standing and therefore a case or controversy did not exist, which divested the Court of jurisdiction over the claim.
Professionals
More Successes
More Successes
Summary Judgment Obtained in Legal Malpractice Dispute in Pennsylvania
FMG Attorneys Meaghan Mahon and Patrick Cosgrove prevailed on a motion for summary judgment in the Lycoming County Court of Common Pleas on a legal malpractice claim concerning an underlying divorce settlement. The matter pertained…
Summary Judgment Win in Ohio Sovereign Immunity Dispute
FMG Attorneys Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and its police officer in a case arising from a traffic crash that occurred when the police officer…
Complete Dismissal Obtained in Utah Data Breach Class Action
FMG attorneys Justin Boron, Kevin Ringel and Danielle Ocampo successfully obtained a dismissal on all counts in a data breach class action lawsuit. Plaintiffs alleged they suffered injuries as a result of a data breach…
Summary Judgment Secured in Ohio Police K9 Dog Bite Dispute
FMG attorneys Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and a city police officer in a case involving a Plaintiff that was bitten by a police K9.…
Summary Judgment Obtained in Ohio First Amendment Retaliation Dispute
FMG Attorneys Doug Holthus and Cara Wright obtained summary judgment for their police officer client in a case alleging retaliation in violation of the First Amendment of the Constitution. Plaintiff claimed that our client and…
Summary Judgment Win in Kentucky Insurance Coverage Dispute
FMG attorneys Barry M. Miller, Lucas R. Harrison and Sean C. Harrison prevailed on a motion for summary judgment in the United States District Court for the Western District of Kentucky on behalf of a nationwide…
Favorable Result Obtained in Florida Professional Liability Matter
FMG attorneys Robert Klein and Chris Fraga represented a Florida attorney in responding to a complaint to the Florida Bar’s Attorney/Consumer Assistance Program, which included allegations that the client had improperly threatened a pro se Plaintiff…
Summary Judgment on Negligence and Breach of Fiduciary Duty Claims in Florida
FMG Attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in a Broward County, Florida court on claims of negligence and breach of fiduciary duty against their client, a substance abuse…
FMG Secures Summary Judgment Win Dismissing Defamation Claim in Florida
FMG attorney Alex Diaz prevailed on a motion for summary judgment in Broward County, Florida (Fort Lauderdale). A plaintiff engaged in ongoing divorce proceedings filed a lawsuit against his wife’s former divorce attorney claiming that…
FMG’s Prelitigation Advice & Counsel Secures Beneficial Settlement for Client
FMG attorneys Daniel Parker Jett and Kelly Haas successfully addressed a case involving a 57-year-old senior executive who threatened our client with a suit on grounds of age discrimination, harassment, and failure to accommodate a…
FMG Secures Motion to Dismiss in Plymouth Superior Court
Jason Haltiwanger v. Christopher Hemenway, et al. Plymouth Superior Court, C. A. No. 2483-CV-00254 FMG attorneys Will Covino and Chris Fulmer successfully prevailed on a motion to dismiss in the Plymouth Superior Court to extricate…
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,…