Appeals
Supreme Court to Review Fifth Circuit Decision
Partner Philp Savrin, with the assistance of partners Michael Freed, Christian Foy Nagy, and Elissa Haynes, authored a petition to the United States Supreme Court section review a decision of the Fifth Court of Appeals…
Partner Philp Savrin, with the assistance of partners Michael Freed, Christian Foy Nagy, and Elissa Haynes, authored a petition to the United States Supreme Court section review a decision of the Fifth Court of Appeals decision denying absolute immunity to a prosecutor and a detective who were sued for allegedly coercing a witness to provide false testimony at a criminal trial. In the case Wearry v. Foster, 52 F.4th 258 (5th Cir. 2022), a divided Fifth Circuit determined that the activities were investigative in nature as opposed to advancing the prosecution of the case such that the government employees were entitled to qualified instead of absolute immunity. In the petition, the defendants argue that the Fifth Circuit’s decision conflicts with the “functional approach” under which conduct taken after there has been a finding of probable cause is considered advocacy on behalf of the State for which absolute immunity has been traditionally applied. As such, review is being sought by the Supreme Court to resolve a conflict that the Fifth Circuit has created within the decisional law in this area. The case is styled Foster v. Wearry, Case No. 22-857, and has been selected by ScotusBlog.com as a “featured” petition to watch.
Professionals
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Arizona Court of Appeals Dismisses Dangerous Conditions Claim
Attorneys Marc Shrake, Zach Moura, and Christian Nagy were handed a win for the City of Page, Arizona following an appeal from a successful motion for summary judgment. A tourist taking photographs in a parking…
Georgia Court of Appeals Opinion on Pre-Suit Notice
FMG prevailed in the Georgia Court of Appeals on behalf of its client, the City of Alpharetta. The case involved a claim related to stormwater entering onto a residential property. Attorneys Amy Cowan, Marissa Dunn,…
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…
Dismissal of a Petition for Writ of Certiorari
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Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals
On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals. In the underlying cases, the plaintiff property owner sought a special…
Cisco Cleared In $371M Software Patent Trial in Massachusetts
A jury in the U.S. District Court in Boston ruled in favor of Cisco Systems Inc. in a $371 million patent suit, finding that the California tech giant did not infringe a Massachusetts software company’s…
Dismissal Based on Eleventh Amendment Immunity in Medical Board Defamation Suit in California
FMG Attorneys Brian Skalsky, Lizel Cerezo, Al Alikin, and Will Hadikusumo, successfully obtained a dismissal with prejudice on behalf of their client, the North Carolina Medical Board (“NCMB”), in California federal court. The plaintiff, a…
Summary Judgment for Claims Adjusting Agency on a Failure to Settle Claim in Georgia
Ignacio Negrete v. National Unity Insurance Company et. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for…
NLRB Affirms Dismissal of Failure to Bargain Complaint
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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…