Wrongful Death Dismissed With Prejudice in Newark
5/17/24
FMG attorneys prevailed on a motion to dismiss with prejudice after protracted motion practice over the course of over two years, including two trips to the Appellate Division. Trial Court Judge Keith Lynott in Newark dismissed the wrongful death and …
Court Applies Assumption of Risk Doctrine to Surfing Injury Case in California
5/17/24
Al Alikin, Brian Skalsky, Christian Nagy, and Chris Fleissner prevailed in a case of first impression before the California Court of Appeal in the matter of Olson v. Saville., 98 Cal. App. 5th 1066 (2024)…
Eleventh Circuit Affirms Grant of Immunity for Investigator in Georgia
5/17/24
Wesley Jackson and Steven Grunberg recently prevailed at the Eleventh Circuit Court of Appeals on behalf of a Berrien County Sheriff’s Office investigator. Plaintiff brought Section 1983 and state law claims against an investigator with the Berrien County Sheriff’s Office, …
Victory in $6M Judgment Stay Vacated by Indiana Appeals Court
5/17/24
Patrick Eckler and Joshua Zhao prevailed in the Court of Appeals of Indiana on a plaintiff’s motion for review of an order vacating a $6 million default judgment against our client. FMG successfully argued that an order vacating a default …
Fee Award Granted Following Trial in Georgia Shareholder Derivative Case
5/17/24
FMG attorneys Jill Dunn and Michael Freed prevailed at trial involving a shareholder derivative action in Georgia Superior Court. A shareholder and former employee asserted claims in a derivative action for the purported benefit of a corporation against FMG’s client …
Motion to Dismiss Secured in Kentucky Underinsured Motorist Claim
5/17/24
Barry Miller and Dave Cecil prevailed on a motion to dismiss in Kentucky state court on a claim for underinsured motorist benefits arising from an accident that occurred while the Plaintiff was operating an electric motor scooter. The subject insurance …
Georgia Supreme Court Declines Review on UM Coverage Favorable to Insurers
5/17/24
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on a tractor that was not …
Ninth Circuit Victory in California: No Duty to Indemnify for Insured’s Fraud
5/17/24
Christian Nagy, Al Alikin, Will Hadikusumo, and Nick Directo secured a victory in the matter of Primary Color Systems, Inc. v. Hiscox Insurance Company, 2024 WL 489171 (9th Cir. Cal. 2024) aff’d 654 F. Supp. 3d …
Defense Verdict Obtained as Binding Settlement Agreement Upheld by Court in California
5/17/24
Freeman Mathis & Gary, LLP’s California partners Paul A. Bigley and Dhave K. Balatero successfully enforced a time-limited conditional policy limit settlement in phase one of a bifurcated trial based on the recent holding in CSAA Ins. Exch v. Hodroj …
Fee Award Obtained Following Directed Verdict at Trial in a Shareholder Derivative Action in Georgia
2/12/24
Jill Dunn, assisted by appellate attorney Michael Freed, prevailed at trial of a shareholder derivative action in the Cobb County Superior Court. A shareholder and former employee asserted claims in a derivative action for the purported benefit of …
Summary Judgment Obtained in Georgia Landlord Liability Case
1/18/24
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 clients. …
Dismissal Obtained in Kentucky Insurance Coverage / Bad Faith Action
12/14/23
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 Kentucky.
The officers sought a …