Significant Cases
Mallory Ball and Dana Maine Secured Dismissal of Plaintiff’s Complaint
Mallory Ball and Dana Maine secured dismissal of Plaintiffs’ complaint for abusive litigation, emotional damages, and interference with business relations. Plaintiffs alleged that Defendants’ actions in the underlying litigation, in which the Georgia Court of Appeals reversed a…
Mallory Ball and Dana Maine secured dismissal of Plaintiffs’ complaint for abusive litigation, emotional damages, and interference with business relations. Plaintiffs alleged that Defendants’ actions in the underlying litigation, in which the Georgia Court of Appeals reversed a jury award given to the Defendant-lawyers’ client, amounted to abusive litigation. The Superior Court of Cherokee County decided otherwise, granting the Defendants’ motion to dismiss for a number of reasons, including that Defendants acted in good faith and were substantially successful in the underlying litigation, some of the Plaintiffs could not assert claims for abusive litigation because they were not parties to the underlying litigation, some of the Plaintiffs failed to provide the requisite statutory notice to Defendants, abusive litigation claims are not assignable, and the abusive litigation statute is the sole remedy for Plaintiffs’ alleged claims.
Larry C. Oldham, Lynn M. Oldham and Larry C. Oldham, Assignee of Thomas C. Bowen v. Phillip E. Friduss, Phillip M. Landrum, III, E. Cody Laird, Jr., Hall, Booth & Smith, P.C., and Landrum and Landrum; Superior Court of Cherokee County
Professionals
More Successes
More Successes
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…
Employer Win in Union Election in Illinois
FMG attorneys Justin Boron, Bob Chadwick, Amy Bender, and Ben Mathis led a team representing a Fortune 500 farm equipment manufacturer in a winning campaign in an NLRB representation election in Illinois. FMG’s client led…
Judge Rules in HOA’s Favor Against Property Owners’ Injunction in Florida
Attorneys Carlos A. Fernández and Cathi Carson-Freymann prevailed against property owners’ motion for injunctive relief in Palm Beach County. The property owners sought to reverse several amendments to the property’s governing documents and subsequent special…
Dismissal Secured Upon Finding No Duty to Indemnify Company’s Willful Fraud Claim in California
Attorneys Al Alikin, Will Hadikusumo, and Nick Directo secure a dismissal with prejudice on behalf of their client Hiscox Insurance Company in California federal court. In the underlying action, a former employee alleged his employer fraudulently promised…
Successfully Motion to Disqualify in California
Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. The plaintiff’s counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Therefore, Sharon argued that…
Nick Directo and Al Alikin obtained a court order sustaining, with prejudice, Intact’s demurrer to Kindred Hospital’s claims for fraud, concealment, conspiracy, unfair business practices, and breach of contract for reimbursement of over $6.5 million…
OSHA Citation Vacated Following Double Fatality in Texas
Robert Chadwick in FMG’s Dallas office, recently prevailed on a contested OSHA citation after a three-day trial before the Occupational Safety & Health Review Commission (“OSHRC”). The OSHA citation resulted from a double fatality at…
Defense Verdict in 4-Week Trial in California
FMG Attorney Sharon Collier obtained a complete defense verdict after a 4-week Zoom jury trial in Alameda County Superior Court. The plaintiff claimed that she was sexually assaulted during a massage at the Claremont Club…
OSHA Citation Vacated Following Double Fatality in Texas
Robert Chadwick in FMG’s Dallas office recently prevailed on a contested OSHA citation after a three-day trial before the Occupational Safety & Health Review Commission (“OSHRC”). The OSHA citation resulted from a double fatality at…