Significant Cases

FMG Victory: Pennsylvania federal judge dismisses claims for COVID-19 related injuries

An Eastern District of Pennsylvania judge has ruled that Tyson Foods, Inc. (“Tyson”) is immune from liability for claims asserted by the family of a supervisor at a Philadelphia meatpacking plant who died of complications…

Download Now

An Eastern District of Pennsylvania judge has ruled that Tyson Foods, Inc. (“Tyson”) is immune from liability for claims asserted by the family of a supervisor at a Philadelphia meatpacking plant who died of complications from COVID-19. The claims were dismissed as the Pennsylvania Workers’ Compensation Act (“PWCA”) is the exclusive remedy for job-related injuries. Although the Plaintiff argued only one entity could be immune under the PWCA, the court disagreed finding that Tyson, as a parent company exercising workplace control, was also immune from liability. Plaintiff alleged the meatpacking plant at which her deceased husband worked, was “owned, supervised, and controlled” by Tyson although he had been employed by Original Philly Holdings. She further claimed that Tyson’s COVID-19 safety measures were inadequate resulting in her husband’s exposure to COVID-19 and related death. She claimed Tyson could not be considered an employer under the PWCA because the Act only allows for one entity to be deemed an “employer” under the Act.
The Court rejected Plaintiff’s contention noting that Pennsylvania courts have explicitly held that an employee may have more than one employer for purposes of the Act. The critical issue for purposes of immunity is whether the entity has the right to control and direct the method and manner of work employees perform. Plaintiff’s allegations demonstrated that Tyson met the definition of employer for purposes of the Act. Specifically, the Plaintiff alleged Tyson “owned, operated, managed, and otherwise controlled” the meatpacking plant and “sell[s] meat products under the brand name Original Philly Cheesesteak.” The Plaintiff further contended that it was Tyson’s own failure to implement adequate safety precautions which resulted in her husband’s illness, and ultimately, death. Under the circumstances, the exclusivity provision of the Act mandated dismissal with prejudice of the tort claims asserted against Tyson.

Professionals

More Successes

Summary Judgment and Attorney’s Fees Obtained on Counter-Claims in Georgia

Wayne Melnick obtained summary judgment on both plaintiffs’ claims and our client’s counter-claims in Fulton County, Georgia.   Plaintiffs (husband and wife) alleged that while attending her child’s gymnastics exhibition, the wife fell off a mat…

Summary Judgment in Insurance Coverage Dispute in Georgia

Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case…

Summary Judgment in Negligence Case in Pennsylvania

Josh Ferguson and Michelle Yee obtained a favorable result for a residential and commercial landscape design company in Philadelphia County Court of Common Pleas. After falling off a retainer wall built by our client, plaintiff…

Summary Judgment in Multi-Million Dollar Class Action Pension Case in Georgia

Ben Mathis, Robert Marcovitch and Bill Buechner recently obtained summary judgment on behalf of Hall County in a class action pension lawsuit brought in the Superior Court.  In the lawsuit, Plaintiffs sought over $100 million…

Plaintiff’s Verdict Overturned in Post Trial Motion in Massachusetts

Kevin Kenneally and William Gildea in FMG’s Boston office won a post-trial motion for JNOV to overturn a $750,000 judgment awarded in favor of the Estate of a nursing home resident who allegedly died as…

Permanent Injunction Granted in Business Solicitation Dispute in New Jersey

Chris Donnelly and Paul Piantino secured injunctive relief in federal court in New Jersey on behalf of a large commercial client, converting a temporary restraining order into a one-year preliminary injunction against our client’s former…

Eleventh Circuit Finds for Insurer in COVID-19 Case of First Impression in Georgia

Phil Savrin and Shawn Bingham successfully represented Allied Insurance Company of America (a Nationwide entity) in resisting a claim by a restaurant (Henry’s Louisiana Grill) seeking coverage for business income lost after it suspended its…

Paul Piantino and Aviation Practice Team Earn Victory at Buffalo-Niagara International Airport

Paul Piantino and the Aviation Practice Team secured a big win on summary judgment in New York Supreme Court in Erie County this past November. The case centers around the “duty to warn” and liability…

FMG Obtains 7 Figure Settlement On Behalf of Insured in E&O Case

Freeman Mathis & Gary LLP recently obtained a seven figure plus settlement on behalf of an insurer client in connection with a Negligence and Breach of Contract action against one of the Insurer’s Binding Agents.…

Casey Stansbury and Team Secure Favorable Settlement On the Verge of Trial

Casey Stansbury and the FMG team successfully secured settlement in a wrongful conviction case involving our a City client. The plaintiffs brought suit in federal court for various claims, including but not limited to, malicious…

Phil Savrin and Mallory Ball Obtain Summary Judgment On Behalf of Insurance Company

Summary Judgment awarded to client Scottsdale Insurance Company Mallory Ball and Philip Savrin secured summary judgment for the insurer on the insured’s first-party property damage claim to a commercial building allegedly related to storm damage.…

Dana Maine and William Linkous Obtain Summary Judgment in Firearms Zoning Case

Dana Maine and William Linkous obtained a favorable result in the Fulton County Superior Court for the client City of Sandy Springs which had denied Plaintiffs a home occupation business license to sell and distribute…