Significant Cases
Plaintiff’s Verdict Overturned in Post Trial Motion in Massachusetts
Kevin Kenneally and William Gildea in FMG’s Boston office, won a post-trial motion for JNOV to overturn a $750,000 judgment awarded in favor of the Estate of a nursing home resident who allegedly died as…
Kevin Kenneally and William Gildea in FMG’s Boston office, won a post-trial motion for JNOV to overturn a $750,000 judgment awarded in favor of the Estate of a nursing home resident who allegedly died as a result of “neglect.” The nursing home contended the resident suffered a witnessed hemorrhagic stroke. The post-trial decision found that several evidence errors would have required a new trial, but since the plaintiff lacked standing to proceed with the claim, judgment was entered for FMG’s client, and the case was dismissed.
The claimant’s attorneys initially pursued wrongful death damages along with conscious pain and suffering and punitive damages claims. On the eve of trial, the lawyers waived rights to wrongful death claims and the jury awarded damages only for “conscious pain and suffering” (punitive damages were rejected by the jury). As argued throughout, the Estate had no rights to recover conscious pain and suffering damages because the right to litigate over such an asset of the estate was lost by the lawyers’ failure to timely probate the estate. FMG renewed this argument post-verdict and the Superior Court agreed there was no subject jurisdiction over the only claim on which the Estate prevailed, which required entry of judgment against plaintiff.
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 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,…