Significant Cases
FMG Wins Dismissal of Data Breach Class Action Lawsuit in Oklahoma
FMG Attorneys David Cole and Matt Foree won a motion to dismiss in a class action lawsuit filed against Oklahoma City University involving a data breach that occurred in July 2022. The proposed class action…
FMG Attorneys David Cole and Matt Foree won a motion to dismiss in a class action lawsuit filed against Oklahoma City University involving a data breach that occurred in July 2022. The proposed class action alleged the University failed to protect the personal information of more than 27,000 students and employees that were exposed in the incident. However, Mr. Cole and Mr. Foree argued the plaintiffs did not have standing to sue because there were no allegations of misuse of anyone’s information that actually resulted in harm, such as identity theft or fraudulent accounts or charges. Judge Timothy DeGiusti of the U.S. District Court for the Western District of Oklahoma agreed and dismissed the lawsuit in its entirety. In his opinion, Judge DeGiusti concluded that “Plaintiff has failed to plausibly allege an actual, present injury that would support her claims for damages, or an imminent threat of future harm that would warrant injunctive relief.”
This case represents a significant win not only for the University, but also for other businesses that are increasingly victimized by cybercriminal attacks, only to then find themselves also targeted by class action lawsuits seeking money damages, even without any evidence of harm. FMG’s Data Security & Privacy attorneys are at the forefront of this continually developing area of law, and zealously represent businesses and organizations of all kinds in data breach and privacy litigation around the country.
Professionals
More Successes
More Successes
FMG Obtains Summary Judgment in Landlord Liability Case in Georgia
Attorneys Wayne Melnick and Sangeetha Krishnakumar won summary judgment for FMG clients in Fulton County, Georgia. Plaintiff, the surviving parent and administrator of her son’s estate, brought suit against a property owner alleging theories of premises liability/negligent security against FMG’s…
FMG Obtains Dismissal of Insurance Coverage / Bad Faith Action in Kentucky
Lienholders sued officers of a defunct corporation, alleging breach of contract, negligent misrepresentation, and fraud. They sought more than $18 million for work and materials in the construction of a cannabis processing plant in Western…
Massachusetts Federal Court Dismisses Legal Malpractice Case
Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…
FMG Attorneys Obtain Summary Judgment Win in Trust Case in Massachusetts
FMG attorneys Jessica Kelly and Nancy Reimer obtained summary judgment for our client who served as a trustee of a marital trust. The surviving wife of the settler of the trust was unhappy with the…
FMG Obtains Summary Judgment in Georgia Wage and Hour Case
FMG attorneys John Bennett and Bill Buechner recently prevailed on a motion for summary judgment on behalf of a major construction company in connection with multi-plaintiff claims for alleged violations of the Fair Labor Standards…
Summary Judgment Win in Personal Injury Case in Georgia
FMG Attorneys Jennifer Adair and Aaron Miller succeeded in their motion for summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry…
FMG Attorneys Obtain Dismissal of Legal Malpractice Action in Massachusetts
FMG Attorneys Nancy Reimer, Jessica Kelly, and Brendan Collins obtained dismissal of the plaintiff’s legal malpractice action as untimely. FMG’s client previously represented the plaintiff in an action brought by a condominium association seeking to…
FMG Wins Dismissal of Data Breach Class Action Lawsuit
FMG Attorneys David Cole and Matt Foree won a motion to dismiss a class action lawsuit filed against Oklahoma City University over a July 2022 data breach. The proposed class action alleged the University failed…
Summary Judgment Win in Georgia
Jennifer Adair and Aaron Miller obtained summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry ramp. Counsel were able to establish…
Dismissal of High-Value Fraud Claim in Kentucky Federal Court
FMG attorneys Kyle Virgin and Austin Anderson obtained dismissal of all claims against their client in the United States District Court, Eastern District of Kentucky, with Chief Judge Danny Reeves presiding. The plaintiff sought repayment…
Summary Judgment Win in Pregnancy and Wrongful Termination Claim in California
John Rubiner and Tyler Jacobs from FMG’s Los Angeles office won summary judgment on behalf of California State University at Northridge in Los Angeles County Superior Court in an employment case involving claims by a…
Employer Win in Union Election in Illinois
FMG attorneys Justin Boron, Bob Chadwick, Amy Bender, and Ben Mathis led a team representing a Fortune 500 farm equipment manufacturer in a winning campaign in an NLRB representation election in Illinois. FMG’s client led…