Significant Cases Trial Successes
Wayne Melnick and Andy Treese Obtained a Highly Favorable Early Resolution
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
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FMG Obtains Summary Judgment on Coverage Dispute for Insurer in Illinois Federal Court
FMG attorney, Jonathan L. Schwartz, prevailed on summary judgment in favor of National Fire & Marine Insurance Company in the U.S. District Court for the Northern District of Illinois before a federal judge. As background,…
FMG Secures Dismissal of Complaint for Violation of the Fair Credit Reporting Act in Pennsylvania
Jacob Gates v The Grier Foundation and Geoffrey Grier, United States District Court for the Middle District of Pennsylvania, Civil Action No. 4:23-cv-01443. FMG attorneys Cindy O’Donnell and Morgan Randle prevailed on a motion to…
FMG Secures Summary Judgment on Fourth Amendment Unlawful Entry/Excessive Force Claims in Georgia
C.J., a minor, by and through her next friend and guardian Betty Jean Murphy James, et al., v. Michael Blaquiere and Downy Casey, United States District Court for the Southern District of Georgia, Civil Action…
FMG Helps Drug Rehabilitation Facilities Continue Their Critical Work in California
FMG attorneys Paul Bigley and Parisa Saleki brought home a favorable verdict in El Dorado County, California in a case about a Decedent who died from a fatal heroin overdose the day after she was…
FMG Secures Motion to Dismiss in Class Action RICO Case in Georgia
FMG attorneys Travis Knobbe, Luke Zavoli, and Matt Foree prevailed on a motion to dismiss in the United States District Court for the Northern District of Georgia before a federal judge on claims related to…
Summary Judgment for Professional Liability Claim in Orange County
FMG attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in the Ninth Judicial Circuit Court in Orange County, Florida on claims of legal malpractice and spoilation of evidence. The matter concerned…
FMG Secures Early Dismissal in Georgia Premises Liability Case
FMG attorneys Wayne Melnick and Sangeetha Krishnakumar secured an early dismissal of a security company in a Gwinnett County, Georgia case. Plaintiff, the surviving parent and administrator of her son’s estate, brought suit against the…
Motion To Dismiss Granted in Behavioral Health Care Provider Case in Pennsylvania
Justin Boron and Julia Bover of FMG represented a behavioral health care provider in a data breach class action. Plaintiffs alleged that they received healthcare services from the provider. As part of receiving services there,…
Wrongful Death Dismissed With Prejudice in Newark
FMG attorneys prevailed on a motion to dismiss with prejudice after protracted motion practice over the course of over two years, including two trips to the Appellate Division. Trial Court Judge Keith Lynott in Newark…
FMG Secures Motion to Dismiss Underinsured Motorist Claim in Kentucky Court
FMG attorneys Barry Miller and Dave Cecil prevailed on a motion to dismiss in Kentucky state court on a claim for underinsured motorist benefits arising from an accident that occurred while the Plaintiff was operating…
Defense Verdict Obtained as Binding Settlement Agreement Upheld by Court in California
Freeman Mathis & Gary, LLP’s California partners Paul A. Bigley and Dhave K. Balatero successfully enforced a time-limited conditional policy limit settlement in phase one of a bifurcated trial based on the recent holding in…
FMG attorneys Jill Dunn, assisted by appellate attorney Michael Freed, prevailed at trial of a shareholder derivative action in the Cobb County Superior Court. A shareholder and former employee asserted claims in a derivative action…