Significant Cases

Mallory Ball and Dana Maine Secured Dismissal of Plaintiff’s Complaint

Mallory Ball and Dana Maine secured dismissal of Plaintiffs’ complaint for abusive litigation, emotional damages, and interference with business relations. Plaintiffs alleged that Defendants’ actions in the underlying litigation, in which the Georgia Court of Appeals reversed a…

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Mallory Ball and Dana Maine secured dismissal of Plaintiffs’ complaint for abusive litigation, emotional damages, and interference with business relations. Plaintiffs alleged that Defendants’ actions in the underlying litigation, in which the Georgia Court of Appeals reversed a jury award given to the Defendant-lawyers’ client, amounted to abusive litigation. The Superior Court of Cherokee County decided otherwise, granting the Defendants’ motion to dismiss for a number of reasons, including that Defendants acted in good faith and were substantially successful in the underlying litigation, some of the Plaintiffs could not assert claims for abusive litigation because they were not parties to the underlying litigation, some of the Plaintiffs failed to provide the requisite statutory notice to Defendants, abusive litigation claims are not assignable, and the abusive litigation statute is the sole remedy for Plaintiffs’ alleged claims.

Larry C. Oldham, Lynn M. Oldham and Larry C. Oldham, Assignee of Thomas C. Bowen v. Phillip E. Friduss, Phillip M. Landrum, III, E. Cody Laird, Jr., Hall, Booth & Smith, P.C., and Landrum and Landrum; Superior Court of Cherokee County

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More Successes

FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19

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…

FMG Attorney Philip Savrin Obtains Affirmance of Summary Judgment on Behalf of Insurance Company in Eleventh Circuit Court of Appeals

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…

FMG Attorney Michael Hill Secures Affirmance of Summary Judgment in Case Alleging Violations of a Public Employee’s First Amendment Rights

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…

Dismissal Obtained in Nevada Case Involving “Sunset” Provision in Accident Medical Expense Benefit Policy

Albert Alikin and Nicholas Directo obtained the dismissal of their client, an insurance carrier, in Nevada federal court in a lawsuit brought by the client’s insured seeking benefits under an occupational accident medical expense policy.…

Dismissal in Bad Faith Claim Arising From Multi-Million dollar default in Kentucky

Barry Miller obtained a judgment on the pleadings dismissing FMG client from a bad faith case that resulted from a $4.25 million default judgment in the underlying auto accident. A federal court ruled that FMG’s…

Summary Judgment in Insurance Coverage Dispute in Georgia

Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case…

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…

Plaintiff’s Verdict Overturned in Post Trial Motion in Massachusetts

Kevin Kenneally and William Gildea in FMG’s Boston office, won a post-trial motion for JNOV to overturn a $750,000 judgment awarded in favor of the Estate of a nursing home resident who allegedly died as…

Permanent Injunction Granted in Business Solicitation Dispute in New Jersey

Chris Donnelly and Paul Piantino secured injunctive relief in federal court in New Jersey on behalf of a large commercial client, converting a temporary restraining order into a one-year preliminary injunction against our client’s former…

Summary Judgment and Attorney’s Fees Obtained on Counter-Claims in Georgia

Wayne Melnick obtained summary judgment on both plaintiffs’ claims and our client’s counter-claims in Fulton County, Georgia.   Plaintiffs (husband and wife) alleged that while attending her child’s gymnastics exhibition, the wife fell off a mat…

Summary Judgment in Insurance Coverage Dispute in Georgia

Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case…

Summary Judgment in Negligence Case in Pennsylvania

Josh Ferguson and Michelle Yee obtained a favorable result for a residential and commercial landscape design company in Philadelphia County Court of Common Pleas. After falling off a retainer wall built by our client, plaintiff…