Significant Cases

Jeff Alitz Obtained Summary Judgment in an Action for Contribution and Indemnification

Jeff Alitz secured summary judgment in an action for contribution and indemnification against a construction consultant arising out of the collapse of a partially-erected steel structure on a construction site in Rhode Island. The United…

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Jeff Alitz secured summary judgment in an action for contribution and indemnification against a construction consultant arising out of the collapse of a partially-erected steel structure on a construction site in Rhode Island. The United States District Court for the District of Rhode Island agreed with the consultant’s argument that absent a duty to oversee safety at the construction site, the consultant owed no duty of care to either the plaintiffs who were injured or the subcontractor responsible for overseeing the erection of the steel structure.

Michael Gehrke and Rachel Soares v. A/Z Corporation v. Barnes Buildings and Management Group, Inc. v. Bryant University; Falcon Associates Architects, Inc.; Keystone Construction Consulting Inc.; Turner Brothers, LLC; Material Concrete Corp.; Geisser Engineering Corp.; C.A. Pretzer Associates, Inc. and Tauper Land Survey, Inc. and Fabricio Vladimir Vides Quintanilla, Roberto Rios, Roise Rios, A.R. R.R.; and A.R. v. Barnes Buildings & Management Group, Inc.; A/Z Corporation; and Bryant University

More Successes

New York Federal Court Grants Motion for Judgment in Insurance Coverage Dispute

FMG attorneys Jonathan Schwartz and Danielle Rudkin prevailed on a motion for judgment on the pleadings in federal court in New York on behalf of an insurance company. This case involved a medical doctor seeking coverage from the insurance…

Summary Judgment in South Carolina Construction Coverage Action

FMG attorney Shawn Bingham prevailed at summary judgment in a South Carolina federal court for an insurance company in an insurance coverage dispute arising from the construction of a large mixed-use development in Myrtle Beach, South Carolina.…

Dismissal in New Mexico Insurance Dispute

FMG attorneys Lorne Hiller and Jay Graif prevailed on a motion for judgment on the pleadings asking the Court to determine that there was no duty to defend or indemnify under two policies of insurance for an alleged $3.5…

Summary Judgment in Pennsylvania Legal Malpractice Dispute

Meaghan Mahon and Patrick Cosgrove prevailed on a motion for summary judgment in the Lycoming County Court of Common Pleas on a legal malpractice claim concerning an underlying divorce settlement. The matter pertained to our…

Summary Judgment in Ohio Sovereign Immunity Dispute

Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and its police officer in a case arising from a traffic crash that occurred when the police officer was responding…

Complete Dismissal in Utah Data Breach Class Action

Justin Boron, Kevin Ringel and Danielle Ocampo successfully obtained a dismissal on all counts in a data breach class action lawsuit. Plaintiffs alleged they suffered injuries as a result of a data breach incident and…

Court Dismisses Wiretapping Claim Against California Medical Clinic

Danielle Ocampo and Chris Weber successfully defended a local medical clinic against a lawsuit brought by a self-represented attorney. The plaintiff, a patient of the clinic, claimed the clinic violated California’s privacy laws by using…

Summary Judgment in Ohio Police Dispute

Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and a city police officer in a case involving a Plaintiff that was bitten by a police K9. The bite…

Summary Judgment Applying Exclusion in Wisconsin Contract Dispute

Jonathan Schwartz and Joshua Zhao obtained summary judgment for our insurer client in a declaratory judgment action arising out of a shooting at a bar. Our client contended that due to an assault and battery…

Summary Judgment in Ohio First Amendment Retaliation Dispute

FMG Attorneys Doug Holthus and Cara Wright obtained summary judgment for their police officer client in a case alleging retaliation in violation of the First Amendment of the Constitution. Plaintiff claimed that our client and…

Summary Judgment Finding No Duty in Kentucky Oil Rig Explosion

Barry M. Miller, Lucas R. Harrison and Sean C. Harrison prevailed on a motion for summary judgment in the United States District Court for the Western District of Kentucky on behalf of a nationwide insurance carrier.…

No Probable Cause Found in Florida Professional Liability Matter

Robert Klein and Chris Fraga represented a Florida attorney in responding to a complaint to the Florida Bar’s Attorney/Consumer Assistance Program, which included allegations that the client had improperly threatened a pro se Plaintiff in order…