Significant Cases
Summary Judgment and Attorney’s Fees Obtained in Georgia Open Records Lawsuit
The FMG Law team obtained a significant litigation victory on behalf including a complete summary judgment and an attorney fee award in excess of $180,000 on behalf of the City of Dunwoody, City Clerk Sharon…
The FMG Law team obtained a significant litigation victory on behalf including a complete summary judgment and an attorney fee award in excess of $180,000 on behalf of the City of Dunwoody, City Clerk Sharon Lowery, Records Clerk Eric Shealy, IT Director Ginger LePage, and City Manager Eric Linton in a Georgia Open Records Act lawsuit brought by plaintiff. Sun Choy and Wes Jackson, partners in FMG’s Government practice, handled all aspects of the defense that began in October 2023.
After extensive motion practice, discovery, and briefing, the Superior Court of DeKalb County granted summary judgment in favor of both the City and all individual defendants, dismissing every claim in the action. The Court held that the plaintiff failed to establish any viable Open Records Act violations and further concluded that the individual defendants were entitled to official immunity as a matter of law.
The Court rejected numerous claims, asserted in twelve amended complaints, relating to records retention, text messages, electronic communications, website disclosures, declaratory relief, mandamus, and alleged deficiencies in the City’s responses to open records requests. The Court found that City officials acted reasonably and in good faith, and that plaintiff’s theories lacked legal support under Georgia law.
Additionally, FMG successfully pursued a motion for attorneys’ fees. The Court found that the plaintiff’s claims were substantially frivolous and vexatious, that the litigation unnecessarily expanded proceedings and costs, and that an award of fees was warranted under Georgia law. The Court ultimately awarded FMG’s clients $182,478.10 in attorneys’ fees and costs.
This result reflects FMG’s commitment to defending municipalities and public officials facing complex public records, governmental liability, and constitutional litigation.
Professionals
More Successes
More Successes
FMG Law Secures Victory for Fayette County in Annexation Dispute
Freeman Mathis & Gary attorneys Paul Mitchell and Marissa Dunn secured victories in both litigation and arbitration on behalf of Fayette County in a significant land use dispute involving a proposed annexation that would have…
Dismissal in Wrongful Death Case in Los Angeles
FMG attorneys Paul Bigley, Bradley Mahlstedt, and Matthew Walters secured a complete dismissal in a wrongful death action arising from a fatal fall from a parking structure at the Los Angeles Memorial Coliseum following a Los Angeles Rams…
Summary Judgment Win in Georgia
FMG Attorneys Wayne Melnick and Allyson Brumett secured summary judgment on all claims brought against FMG’s client, the employer of an individual who was involved in a motor vehicle accident and received a DUI while driving a company vehicle…
Dismissal Obtained in Massachusetts Arbitration
FMG attorneys Christian Gunneson, Jennifer Markowski and Joseph McGuire secured a complete dismissal in an arbitration on behalf of a third-party administrator of a self-funded ERISA plan. The claimant was the ERISA plan sponsor who alleged that FMG’s client mishandled…
Dismissal in Georgia Contract Dispute
FMG attorneys Wayne Melnick, Michael Freed and Allyson Brumett secured the dismissal of a tortious interference with contract claim filed against the parents of a student at the Torah Day School of Atlanta. The claim was filed by the parents…
Summary Judgment in Ohio Premises Liability Action
FMG attorney Spencer Sukel prevailed on a motion for summary judgment in a high-stakes landlord-tenant premises liability action. The plaintiff alleged she sustained severe injury due to a defective staircase and sought to recover $300,000. The Court…
Motion to Dismiss Granted in Texas Cyber Class Action Suit
FMG attorneys Justin Boron and Michele Focht prevailed on a Motion to Dismiss in a cyber class action matter stemming from a security incident that the client experienced. Plaintiffs filed suit on behalf of a class of…
New York Federal Court Grants Motion for Judgment in Insurance Coverage Dispute
FMG attorneys Jonathan Schwartz and Danielle Rudkin prevailed on a motion for judgment on the pleadings in federal court in New York on behalf of an insurance company. This case involved a medical doctor seeking coverage from the insurance…
Summary Judgment in South Carolina Construction Coverage Action
FMG attorney Shawn Bingham prevailed at summary judgment in a South Carolina federal court for an insurance company in an insurance coverage dispute arising from the construction of a large mixed-use development in Myrtle Beach, South Carolina.…
Dismissal in New Mexico Insurance Dispute
FMG attorneys Lorne Hiller and Jay Graif prevailed on a motion for judgment on the pleadings asking the Court to determine that there was no duty to defend or indemnify under two policies of insurance for an alleged $3.5…
Summary Judgment in Pennsylvania Legal Malpractice Dispute
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 to our…
Summary Judgment in Ohio Sovereign Immunity Dispute
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 was responding…