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
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FMG Obtains Summary Judgment in Landlord Liability Case in Georgia
Attorneys 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…
FMG Obtains Dismissal of Insurance Coverage / Bad Faith Action in Kentucky
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…
Massachusetts Federal Court Dismisses Legal Malpractice Case
Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…
FMG Attorneys Obtain Summary Judgment Win in Trust Case in Massachusetts
FMG attorneys Jessica Kelly and Nancy Reimer obtained summary judgment for our client who served as a trustee of a marital trust. The surviving wife of the settler of the trust was unhappy with the…
FMG Wins Dismissal of Data Breach Class Action Lawsuit in Oklahoma
FMG Attorneys David Cole and Matt Foree won a motion to dismiss in a class action lawsuit filed against Oklahoma City University involving a data breach that occurred in July 2022. The proposed class action…
FMG Obtains Summary Judgment in Georgia Wage and Hour Case
FMG attorneys John Bennett and Bill Buechner recently prevailed on a motion for summary judgment on behalf of a major construction company in connection with multi-plaintiff claims for alleged violations of the Fair Labor Standards…
Summary Judgment Win in Personal Injury Case in Georgia
FMG Attorneys Jennifer Adair and Aaron Miller succeeded in their motion for summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry…
FMG Attorneys Obtain Dismissal of Legal Malpractice Action in Massachusetts
FMG Attorneys Nancy Reimer, Jessica Kelly, and Brendan Collins obtained dismissal of the plaintiff’s legal malpractice action as untimely. FMG’s client previously represented the plaintiff in an action brought by a condominium association seeking to…
FMG Wins Dismissal of Data Breach Class Action Lawsuit
FMG Attorneys David Cole and Matt Foree won a motion to dismiss a class action lawsuit filed against Oklahoma City University over a July 2022 data breach. The proposed class action alleged the University failed…
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…