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
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FMG Obtains Summary Judgment in Landlord Liability Case in Georgia
Attorneys Wayne Melnick and Sangeetha Krishnakumar won summary judgment for FMG clients in Fulton County, Georgia. Plaintiff, the surviving parent and administrator of her son’s estate, brought suit against a property owner alleging theories of premises liability/negligent security against FMG’s…
FMG Obtains Dismissal of Insurance Coverage / Bad Faith Action in Kentucky
Lienholders sued officers of a defunct corporation, alleging breach of contract, negligent misrepresentation, and fraud. They sought more than $18 million for work and materials in the construction of a cannabis processing plant in Western…
Massachusetts Federal Court Dismisses Legal Malpractice Case
Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…
FMG Attorneys Obtain Summary Judgment Win in Trust Case in Massachusetts
FMG attorneys Jessica Kelly and Nancy Reimer obtained summary judgment for our client who served as a trustee of a marital trust. The surviving wife of the settler of the trust was unhappy with the…
FMG Wins Dismissal of Data Breach Class Action Lawsuit in Oklahoma
FMG Attorneys David Cole and Matt Foree won a motion to dismiss in a class action lawsuit filed against Oklahoma City University involving a data breach that occurred in July 2022. The proposed class action…
FMG Obtains Summary Judgment in Georgia Wage and Hour Case
FMG attorneys John Bennett and Bill Buechner recently prevailed on a motion for summary judgment on behalf of a major construction company in connection with multi-plaintiff claims for alleged violations of the Fair Labor Standards…
Summary Judgment Win in Personal Injury Case in Georgia
FMG Attorneys Jennifer Adair and Aaron Miller succeeded in their motion for summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry…
FMG Attorneys Obtain Dismissal of Legal Malpractice Action in Massachusetts
FMG Attorneys Nancy Reimer, Jessica Kelly, and Brendan Collins obtained dismissal of the plaintiff’s legal malpractice action as untimely. FMG’s client previously represented the plaintiff in an action brought by a condominium association seeking to…
FMG Wins Dismissal of Data Breach Class Action Lawsuit
FMG Attorneys 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…
Summary Judgment Win in Georgia
Jennifer Adair and Aaron Miller obtained summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry ramp. Counsel were able to establish…
Dismissal of High-Value Fraud Claim in Kentucky Federal Court
FMG attorneys Kyle Virgin and Austin Anderson obtained dismissal of all claims against their client in the United States District Court, Eastern District of Kentucky, with Chief Judge Danny Reeves presiding. The plaintiff sought repayment…
Summary Judgment Win in Pregnancy and Wrongful Termination Claim in California
John Rubiner and Tyler Jacobs from FMG’s Los Angeles office won summary judgment on behalf of California State University at Northridge in Los Angeles County Superior Court in an employment case involving claims by a…