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 The Plaintiff received an offer of employment, which Plaintiff claimed was improperly rescinded upon the school’s receipt of plaintiff’s FBI criminal history records reflecting that plaintiff had criminal convictions for misdemeanor trespass.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 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,…
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…
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…
FMG Secures Motion to Dismiss Underinsured Motorist Claim in Kentucky Court
FMG attorneys Barry Miller and Dave Cecil prevailed on a motion to dismiss in Kentucky state court on a claim for underinsured motorist benefits arising from an accident that occurred while the Plaintiff was operating…