Significant Cases
Summary Judgment in Multi-Million Dollar Class Action Pension Case in Georgia
Ben Mathis, Robert Marcovitch and Bill Buechner recently obtained summary judgment on behalf of Hall County in a class action pension lawsuit brought in the Superior Court. In the lawsuit, Plaintiffs sought over $100 million…
Ben Mathis, Robert Marcovitch and Bill Buechner recently obtained summary judgment on behalf of Hall County in a class action pension lawsuit brought in the Superior Court. In the lawsuit, Plaintiffs sought over $100 million dollars in seeking to overturn the County’s decision in 1998 to transition from a defined benefit plan to a defined contribution plan. Plaintiffs and their counsel have claimed that the named plaintiffs and a class of more than 100 current or former County employees they sought to represent were entitled to recover lost contributions and profits.
The County initially obtained summary judgment, but the ruling was vacated in part by the Georgia Court of Appeals with instructions for the Superior Court to consider certain issues on remand. Although Plaintiffs asserted that a trial was required because of the appellate ruling, the Court was persuaded by the arguments that the County still was entitled to summary judgment. Among other rulings, the Court rejected the Plaintiffs’ argument that the freeze of accruals in the defined benefit plan constituted a termination of the defined benefit plan (thereby triggering notice and hearing obligations) even though the defined benefit plan has continued to operate up to the present.
Professionals
More Successes
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Henry’s Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. 2022). In a case of first impression, the Eleventh Circuit affirmed the district court’s dismissal of an insured’s claim for…
Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. 21-12918 (11th Cir., June 29, 2022). FMG Attorney Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a…
Silvia Cotriss v. City of Roswell, et al., Case No. 19-12747 (11th Cir., June 29, 2022). FMG Attorney Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and…
Albert Alikin and Nicholas Directo obtained the dismissal of their client, an insurance carrier, in Nevada federal court in a lawsuit brought by the client’s insured seeking benefits under an occupational accident medical expense policy.…
Dismissal in Bad Faith Claim Arising From Multi-Million dollar default in Kentucky
Barry Miller obtained a judgment on the pleadings dismissing FMG client from a bad faith case that resulted from a $4.25 million default judgment in the underlying auto accident. A federal court ruled that FMG’s…
Summary Judgment in Insurance Coverage Dispute in Georgia
Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case…
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…
Permanent Injunction Granted in Business Solicitation Dispute in New Jersey
Chris Donnelly and Paul Piantino secured injunctive relief in federal court in New Jersey on behalf of a large commercial client, converting a temporary restraining order into a one-year preliminary injunction against our client’s former…
Summary Judgment and Attorney’s Fees Obtained on Counter-Claims in Georgia
Wayne Melnick obtained summary judgment on both plaintiffs’ claims and our client’s counter-claims in Fulton County, Georgia. Plaintiffs (husband and wife) alleged that while attending her child’s gymnastics exhibition, the wife fell off a mat…
Summary Judgment in Insurance Coverage Dispute in Georgia
Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case…
Summary Judgment in Negligence Case in Pennsylvania
Josh Ferguson and Michelle Yee obtained a favorable result for a residential and commercial landscape design company in Philadelphia County Court of Common Pleas. After falling off a retainer wall built by our client, plaintiff…
Summary Judgment in Multi-Million Dollar Class Action Pension Case in Georgia
Ben Mathis, Robert Marcovitch and Bill Buechner recently obtained summary judgment on behalf of Hall County in a class action pension lawsuit brought in the Superior Court. In the lawsuit, Plaintiffs sought over $100 million…