Appeals

Georgia Court of Appeals Grants Petitions for Interlocutory Appeal to Two Cases Handled by FMG Tort and Appellate Teams

Friendship Enterprises, Inc., d/b/a Elevation Chophouse v. Hasty, (Ga. Ct. App.).  The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of…

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Friendship Enterprises, Inc., d/b/a Elevation Chophouse v. Hasty, (Ga. Ct. App.).  The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of the trial court’s denial of a motion for summary judgment.  The appeal involves important issues bearing on respondeat superior liability and its interplay with the premises liability standard when an employee’s allegedly tortious actions were outside the course and scope of his employment.

Deaton Holdings, Inc. v. Reid, Case No. A23A0005 (Ga. Ct. App.).  The Court of Appeals of Georgia recently granted a petition for interlocutory review filed by Atlanta Attorneys Wayne Melnick, Michael Freed, and Eric Retter in case presenting an issue of first impression.  That issue is whether the defendant in a single defendant tort case can require the joinder of other potentially responsible nonparties.  The appeal was necessitated by the Georgia Supreme Court’s holding in Alston & Bird v. Hatcher, that nonparty apportionment of fault is unavailable in single-defendant cases.  As a result, appellants argue, potentially responsible nonparties are necessary and indispensable under Georgia law, and must be joined as defendants.  The Court of Appeals will hear oral argument in December 2022.

Professionals

More Successes

NLRB Affirms Dismissal of Failure to Bargain Complaint

Dallas FMG attorneys Robert Chadwick and Robin Foret obtained a favorable appellate ruling from the National Labor Relations Board (“NLRB”) on behalf of a transportation company. After an evidentiary hearing, an administrative law judge below…

FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19

Henry’s Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. 2022).  In a case of first impression, the Eleventh Circuit affirmed the district court’s dismissal of an insured’s claim for…

FMG Attorney Philip Savrin Obtains Affirmance of Summary Judgment on Behalf of Insurance Company in Eleventh Circuit Court of Appeals

Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. 21-12918 (11th Cir., June 29, 2022).  FMG Attorney Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a…

FMG Attorney Michael Hill Secures Affirmance of Summary Judgment in Case Alleging Violations of a Public Employee’s First Amendment Rights

Silvia Cotriss v. City of Roswell, et al., Case No. 19-12747 (11th Cir., June 29, 2022).  FMG Attorney Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and…

Partners Michael Freed and Brian Goldberg Secure Appellate Win Affirming Dismissal of Plaintiff’s Wrongful Foreclosure Claim

Richard Durham v. Aerial Funding, LLC, Case No. 21-13847 (11th Cir., July 1, 2022).  In appeal handled by Atlanta Partners Michael Freed and Brian Goldberg, the Eleventh Circuit affirmed the dismissal of a plaintiff’s wrongful…

FMG Appellate Team Obtains Victory for Nonprofit Corporation in California Court of Appeals

Jason A Bezis v. Livermore Heritage Guild, Case No. A160921 (Cal. Ct. App., June 30, 2020). FMG’s San Francisco appellate team obtained an affirmance from the California Court of Appeals of a trial court’s denial…

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 Christopher Donnelly Obtain Successful Outcome for Client in the New Jersey Appellate Division

Paul Piantino and Christopher Donnelly obtained a reversal and remand resulting from their Appeal of a Final Judgment entered by a Bergen County Trial Court. The case arose out of an underlying action in the…

California Court of Appeal Orders County to Produce To FMG Client 42,000 Withheld E-mails

Sacramento, CA.  Dean Getz brought a California public records act case in the County of El Dorado in which he sought production of 42,000 e-mails between the County and a land developer. Getz was represented…

Casey Stansbury and Team Secures Appellate Win in the Kentucky Court of Appeals

On November 12, 2021, Kentucky’s Court of Appeals issued a decision affirming the grant of summary judgment in favor of FMG client Carey Baldwin. In Leonard Crabtree v. Carey Baldwin, et al., the plaintiff claimed…

Dana Maine Prevails in Georgia Court of Appeals

Dana Maine obtained a very favorable result in the Georgia Court of Appeals on behalf of our client, a Community Manager for a condominium association. The decision affirmed the lower court’s grant of summary judgment…

Christopher Lynch and Edward Storck Successfully Obtain Summary Judgment Pursuant to Conn. Gen. Stat. § 14-60

Christopher Lynch and Edward Storck obtained summary judgment in a case involving suit by plaintiff against the client dealership and the tortfeasor who was loaned a motor vehicle by the client dealership while the tortfeasor’s…