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 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…
Defense Verdict in ADA Arbitration Case in Georgia
Attorneys Brad Adler and Michael Hill obtained a defense verdict for a Fortune 500 company client in an arbitration alleging failure to accommodate and retaliation under the Americans with Disabilities Act. The plaintiff, a former sales manager with the company,…
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…