Significant Cases
Dismissal of Complaint for Violation of the Fair Credit Reporting Act in Pennsylvania
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…
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 The Plaintiff received an offer of employment, which Plaintiff claimed was improperly rescinded upon the school’s receipt of plaintiff’s FBI criminal history records reflecting that plaintiff had criminal convictions for misdemeanor trespass.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.
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.
More Successes
More Successes
Summary Judgment Win in Georgia
FMG Attorneys Wayne Melnick and Allyson Brumett secured summary judgment on all claims brought against FMG’s client, the employer of an individual who was involved in a motor vehicle accident and received a DUI while driving a company vehicle…
Dismissal Obtained in Massachusetts Arbitration
FMG attorneys Christian Gunneson, Jennifer Markowski and Joseph McGuire secured a complete dismissal in an arbitration on behalf of a third-party administrator of a self-funded ERISA plan. The claimant was the ERISA plan sponsor who alleged that FMG’s client mishandled…
Dismissal in Georgia Contract Dispute
FMG attorneys Wayne Melnick, Michael Freed and Allyson Brumett secured the dismissal of a tortious interference with contract claim filed against the parents of a student at the Torah Day School of Atlanta. The claim was filed by the parents…
Summary Judgment in Ohio Premises Liability Action
FMG attorney Spencer Sukel prevailed on a motion for summary judgment in a high-stakes landlord-tenant premises liability action. The plaintiff alleged she sustained severe injury due to a defective staircase and sought to recover $300,000. The Court…
Motion to Dismiss Granted in Texas Cyber Class Action Suit
FMG attorneys Justin Boron and Michele Focht prevailed on a Motion to Dismiss in a cyber class action matter stemming from a security incident that the client experienced. Plaintiffs filed suit on behalf of a class of…
New York Federal Court Grants Motion for Judgment in Insurance Coverage Dispute
FMG attorneys Jonathan Schwartz and Danielle Rudkin prevailed on a motion for judgment on the pleadings in federal court in New York on behalf of an insurance company. This case involved a medical doctor seeking coverage from the insurance…
Summary Judgment in South Carolina Construction Coverage Action
FMG attorney Shawn Bingham prevailed at summary judgment in a South Carolina federal court for an insurance company in an insurance coverage dispute arising from the construction of a large mixed-use development in Myrtle Beach, South Carolina.…
Dismissal in New Mexico Insurance Dispute
FMG attorneys Lorne Hiller and Jay Graif prevailed on a motion for judgment on the pleadings asking the Court to determine that there was no duty to defend or indemnify under two policies of insurance for an alleged $3.5…
Summary Judgment in Pennsylvania Legal Malpractice Dispute
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 to our…
Summary Judgment in Ohio Sovereign Immunity Dispute
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 was responding…
Complete Dismissal in Utah Data Breach Class Action
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 incident and…
Court Dismisses Wiretapping Claim Against California Medical Clinic
Danielle Ocampo and Chris Weber successfully defended a local medical clinic against a lawsuit brought by a self-represented attorney. The plaintiff, a patient of the clinic, claimed the clinic violated California’s privacy laws by using…