Significant Cases
Ken Menendez Obtains Summary Judgment in U.S. District Court
Kenneth Menendez and Taryn Haumann obtained a favorable result for three prominent advertising agencies. Two agencies were Plaintiff’s former employers and one agency was a potential employer. After Plaintiff demonstrated multiple incidents of poor behavior,…
| Kenneth Menendez and Taryn Haumann obtained a favorable result for three prominent advertising agencies. Two agencies were Plaintiff’s former employers and one agency was a potential employer. After Plaintiff demonstrated multiple incidents of poor behavior, the potential employer elected to revoke an employment offer prior to her acceptance. Defendants were engaged in pre-suit settlement discussions that never came to fruition, so Plaintiff originally filed suit in the Superior Court of Fulton County alleging breach of contract, age discrimination, and gender discrimination. Mr. Menendez and Ms. Haumann subsequently removed the matter to the United States District Court for the Northern District of Georgia and attempted to have two former employers voluntarily dismissed on the grounds that her claims exclusively revolved around the potential employer’s contract revocation which did not occur during her employment. Plaintiff refused to dismiss the former employers, so we aggressively defended the case and prepared it for summary judgment. In a motion for summary judgment, the potential employer moved to dismiss Plaintiff’s breach of contract claim on the grounds it was properly revoked and it never employed Plaintiff so it could not have terminated her on the basis of age or gender. The two former employers moved to dismiss Plaintiff’s age and gender discrimination claims on the grounds that Plaintiff was never subjected to adverse action during her employment. Notably, the Magistrate Court issued a 39-page Report and Recommendation strongly recommending for all claims to be dismissed in their entirety. The judge further noted Defendants “argued persuasively” in our motion for summary judgment, which caused Plaintiff to scramble to modify her legal theories of the case. Plaintiff filed objections to the Report and Recommendation, but the District Court swiftly overruled all objections and dismissed the action as to all claims. |
Kristin Volkmann v. New Fitzco, LLC; Fitzgerald & Company; and The Interpublic Group of Companies; N.D. Ga. Civil Action File No. 1:20-02709-CAP-WEJ
Professionals
More Successes
More Successes
Summary Judgment Obtained in Legal Malpractice Dispute in Pennsylvania
FMG Attorneys 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…
Summary Judgment Win in Ohio Sovereign Immunity Dispute
FMG Attorneys 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…
Complete Dismissal Obtained in Utah Data Breach Class Action
FMG attorneys 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…
Summary Judgment Secured in Ohio Police K9 Dog Bite Dispute
FMG attorneys 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.…
Summary Judgment Obtained 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 Win in Kentucky Insurance Coverage Dispute
FMG attorneys 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…
Favorable Result Obtained in Florida Professional Liability Matter
FMG attorneys 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…
Summary Judgment on Negligence and Breach of Fiduciary Duty Claims in Florida
FMG Attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in a Broward County, Florida court on claims of negligence and breach of fiduciary duty against their client, a substance abuse…
FMG Secures Summary Judgment Win Dismissing Defamation Claim in Florida
FMG attorney Alex Diaz prevailed on a motion for summary judgment in Broward County, Florida (Fort Lauderdale). A plaintiff engaged in ongoing divorce proceedings filed a lawsuit against his wife’s former divorce attorney claiming that…
FMG’s Prelitigation Advice & Counsel Secures Beneficial Settlement for Client
FMG attorneys Daniel Parker Jett and Kelly Haas successfully addressed a case involving a 57-year-old senior executive who threatened our client with a suit on grounds of age discrimination, harassment, and failure to accommodate a…
FMG Secures Motion to Dismiss in Plymouth Superior Court
Jason Haltiwanger v. Christopher Hemenway, et al. Plymouth Superior Court, C. A. No. 2483-CV-00254 FMG attorneys Will Covino and Chris Fulmer successfully prevailed on a motion to dismiss in the Plymouth Superior Court to extricate…
FMG Obtains Summary Judgment on Coverage Dispute for Insurer in Illinois Federal Court
FMG attorney, Jonathan L. Schwartz, prevailed on summary judgment in favor of National Fire & Marine Insurance Company in the U.S. District Court for the Northern District of Illinois before a federal judge. As background,…