Significant Cases
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…
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 File No. 2:22-cv-78-LGW-BWC
FMG attorneys Wes Jackson, Steven Grunberg, and Sun Choy prevailed on a motion for summary judgment in the United States District Court for the Southern District of Georgia before a federal judge in a case involving claims of unlawful entry into a home and excessive force under the Fourth Amendment. The matter concerned the death of a woman who was present in a home where sheriff’s deputies were serving a search warrant. Upon entering the home, the target of the warrant opened fire at the deputies while pulling the woman towards him. The deputies returned fire, injuring the man and fatally striking the woman. The plaintiffs claimed that the officers’ entry into the home was unlawful because they did not wait long enough after knocking on the front door before forcing entry, and they claimed the use of lethal force was unlawful because plaintiff’s decedent, the woman, was not the target of the warrant and had not opened fire on the deputies. In granting summary judgment, the court found that the decedent’s estate had not established that she had a reasonable expectation of privacy in the home and, even if it had, the officers’ entry into the home was still reasonable under the circumstances. Furthermore, the court held it was reasonable for the deputies to return fire towards a man who was actively shooting at them, even if this resulted in the death of the woman he was pulling towards himself.
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 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…
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…