Significant Cases
Dismissal Obtained of Data Breach Class Action Lawsuit
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 to protect…
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 to protect the personal information of more than 27,000 students and employees that was 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.
More Successes
More Successes
Eleventh Circuit Affirms Coverage Denial in Professional Services Coverage Case
FMG Law prevailed in the Eleventh Circuit Court of Appeals on behalf of our client, securing affirmation that a professional services policy does not extend coverage to insured brokers accused of breaching contractual and fiduciary…
Court Grants Dismissal in Legal Malpractice Case in Lexington, Kentucky
FMG Law prevailed in a Kentucky state court on behalf of its client, an attorney, securing dismissal of a legal malpractice claim. The court granted a motion to dismiss, bringing the matter to a favorable…
U.S. Court of Appeals for Seventh Circuit Affirms Summary Judgment in Property Coverage Dispute
FMG Law prevailed on behalf of a client in the Seventh Circuit Court of Appeals, which affirmed summary judgment for the insurer. The court affirmed the dismissal of various claims including breach of contract, statutory…
Florida Medical Negligence Trial Results in Defense Verdict
FMG Law prevailed at a jury trial in Sanford, Florida on behalf of a hospital and its employed nurse, bringing the matter to a favorable resolution and avoiding liability. The plaintiff, an anesthesiologist, alleged an…
FMG Law Secures Victory for Fayette County in Annexation Dispute
Freeman Mathis & Gary attorneys Paul Mitchell and Marissa Dunn secured victories in both litigation and arbitration on behalf of Fayette County in a significant land use dispute involving a proposed annexation that would have…
Summary Judgment and Attorney’s Fees Obtained in Georgia Open Records Lawsuit
The FMG Law team obtained a significant litigation victory on behalf including a complete summary judgment and an attorney fee award in excess of $180,000 on behalf of the City of Dunwoody, City Clerk Sharon…
Dismissal in Wrongful Death Case in Los Angeles
FMG attorneys Paul Bigley, Bradley Mahlstedt, and Matthew Walters secured a complete dismissal in a wrongful death action arising from a fatal fall from a parking structure at the Los Angeles Memorial Coliseum following a Los Angeles Rams…
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…