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.
FMG Client Wins Kentucky Appeal on Scope of Settlement Agreement
Attorneys Barry Miller and Sean Harrison from FMG’s Lexington, Kentucky office prevailed in a matter before the Kentucky Court of Appeals where the plaintiff challenged the enforcement of a settlement agreement that purportedly resolved a…
FMG Client Prevails in Coverage Appeal in Georgia
FMG attorneys Rachael Slimmon and Michael Freed prevailed in an appeal before the Georgia Supreme Court by an insured apartment owner/manager. FMG’s client issued an umbrella policy to the insured which “followed form” to a…
Eleventh Circuit Victory in Insurance Coverage Case
FMG attorneys Michael Freed, Matt Boyer, and Rachael Slimmon prevailed in the Eleventh Circuit Court of Appeals in an insurance coverage case addressing the priority of coverage between its client’s umbrella policy and another carrier’s…
Appeals Court Win in Multi-Million Dollar Class Action Benefits Case in Georgia
FMG attorneys Ben Mathis, Bill Buechner, and Michael Freed secured a favorable decision from the Georgia Court of Appeals affirming summary judgment in a class action case challenging a Georgia county’s employee retirement plan. The…
Eleventh Circuit Affirms Dismissal of Georgia Principal in § 1983 and Title IX claim
Wayne Melnick and Bill Buechner recently won an appeal in the United States Court of Appeals for the Eleventh Circuit in sex discrimination claims under Section 1983 and Title IX arising out of a school…
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,…
Dismissal of a Petition for Writ of Certiorari
FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (“City Council”) in Fayette County Superior Court. The plaintiff,…
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…