Significant Cases
Summary Judgment Obtained 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
More Successes
More Successes
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…
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…