Significant Cases Trial Successes
Early Resolution Achieved in Georgia Personal Injury Case
Wayne Melnick and Andy Treese utilized Georgia’s offer of settlement statute, O.C.G.A. § 9-11-68, to reach a highly favorable early resolution of a case in which plaintiffs both alleged they suffered injuries after colliding with…
Wayne Melnick and Andy Treese utilized Georgia’s offer of settlement statute, O.C.G.A. § 9-11-68, to reach a highly favorable early resolution of a case in which plaintiffs both alleged they suffered injuries after colliding with a tree during a ziplining tour on their honeymoon. Though each plaintiff signed pre-incident waivers of liability, such waivers are enforceable in Georgia only as to claims of ordinary negligence but not as to gross negligence as was alleged in the complaint. The early, “nuisance value” resolution allowed the insured avoid the inconvenience and disruption associated with discovery and depositions and saved the insurers tens of thousands of dollars in defense costs.
Hannah Brda and Sam Brda v. Zipline Canopy Tours of Blue Ridge, LLC
More Successes
More Successes
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…
Defense Verdict in Pennsylvania Bench Trial
FMG attorney James Mathew received a defense verdict on behalf of Domino’s. The plaintiff alleged that a Domino’s delivery truck collided with his car, causing noticeable damages including scratches and dents. Testimony established that the plaintiff originally…
Defense Verdict in Case Alleging Race Discrimination and Retaliation
FMG attorney Jennifer Markowski obtained a defense verdict on behalf of a car dealership and its owners who were accused of creating a race-based hostile work environment and retaliating against the plaintiff, a salesperson, for complaining. The…
Defense Verdict in Defamation Case
After a weeklong jury trial, FMG attorneys Jennifer Markowski and Andrea Burke prevailed on all claims brought against their clients, a restaurant and its owner. The plaintiff was a former bar manager who alleged defamation and related tort claims…
Defense Verdict in Due Process Hearing
Las Vegas FMG attorney Samantha Edwards received a full defense verdict in a multi-day due process hearing for a local charter school. The risks were high, as not only were there allegations of denials of a Free Appropriate…
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…
Successful Jury Verdict in California Catastrophic Paraplegic Lawsuit
FMG partners Paul Bigley and Jason Dineros successfully defended an admitted liability, catastrophic, head-on, auto accident case involving a 20-year-old paraplegic in a jury trial in Alameda County, California. Plaintiff sustained a T12 burst fracture that necessitated emergency spinal…
Defense Verdict in California Fiduciary Trust Claim
FMG attorneys William Munoz and David Chang obtained a defense verdict for their clients, a real estate salesperson and real estate broker, in a jury trial in Los Angeles. The plaintiffs were the mother, father and two sons. The…
Jury Significantly Reduces Damages in California Trucking Trial
FMG attorney Sharon Collier parachuted into this case after the close of discovery and shortly before trial. The case involved an admitted liability and causation rear-end accident. The plaintiffs claimed significant orthopedic injuries, including a past thoracic…