Significant Cases
Motion To Dismiss Granted in Behavioral Health Care Provider Case in Pennsylvania
Justin Boron and Julia Bover 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, Plaintiffs allege…
Justin Boron and Julia Bover 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, Plaintiffs allege that they gave the provider social security numbers, dates of birth, and medical and treatment information. On July 1, 2022, the provider experienced a network security incident perpetrated by an unauthorized third party. Plaintiffs filed a Complaint in federal court for the Eastern District of Pennsylvania in which they alleged that they were at increased risk of data theft. They didn’t allege fraud or that their identity was stolen or that their data had been published on the Dark Web. Instead, they alleged that the inherent value of their personal data had diminished because of the incident and that they spent money and time mitigating the risk of harm.
FMG responded by filing a motion to dismiss in which we argued that future risk of harm, alone, is insufficient to confer standing under Article III of the U.S. Constitution. In granting its motion to dismiss on March 8, 2024, the Court agreed and held that Plaintiffs lacked standing because they didn’t allege fraud or identity theft or that their data had been misused. The case is another result in which a court has applied the Third Circuit’s test for standing in data breach cases from Clemens v. ExecuPharm Inc., 48 F.4th 146 (3d Cir. 2022).
More Successes
More Successes
New York Federal Court Grants Motion for Judgment in Insurance Coverage Dispute
FMG attorneys Jonathan Schwartz and Danielle Rudkin prevailed on a motion for judgment on the pleadings in federal court in New York on behalf of an insurance company. This case involved a medical doctor seeking coverage from the insurance…
Summary Judgment in South Carolina Construction Coverage Action
FMG attorney Shawn Bingham prevailed at summary judgment in a South Carolina federal court for an insurance company in an insurance coverage dispute arising from the construction of a large mixed-use development in Myrtle Beach, South Carolina.…
Dismissal in New Mexico Insurance Dispute
FMG attorneys Lorne Hiller and Jay Graif prevailed on a motion for judgment on the pleadings asking the Court to determine that there was no duty to defend or indemnify under two policies of insurance for an alleged $3.5…
Summary Judgment in Pennsylvania Legal Malpractice Dispute
Meaghan Mahon and Patrick Cosgrove prevailed on a motion for summary judgment in the Lycoming County Court of Common Pleas on a legal malpractice claim concerning an underlying divorce settlement. The matter pertained to our…
Summary Judgment in Ohio Sovereign Immunity Dispute
Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and its police officer in a case arising from a traffic crash that occurred when the police officer was responding…
Complete Dismissal in Utah Data Breach Class Action
Justin Boron, Kevin Ringel and Danielle Ocampo successfully obtained a dismissal on all counts in a data breach class action lawsuit. Plaintiffs alleged they suffered injuries as a result of a data breach incident and…
Court Dismisses Wiretapping Claim Against California Medical Clinic
Danielle Ocampo and Chris Weber successfully defended a local medical clinic against a lawsuit brought by a self-represented attorney. The plaintiff, a patient of the clinic, claimed the clinic violated California’s privacy laws by using…
Summary Judgment in Ohio Police Dispute
Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and a city police officer in a case involving a Plaintiff that was bitten by a police K9. The bite…
Summary Judgment Applying Exclusion in Wisconsin Contract Dispute
Jonathan Schwartz and Joshua Zhao obtained summary judgment for our insurer client in a declaratory judgment action arising out of a shooting at a bar. Our client contended that due to an assault and battery…
Summary Judgment in Ohio First Amendment Retaliation Dispute
FMG Attorneys Doug Holthus and Cara Wright obtained summary judgment for their police officer client in a case alleging retaliation in violation of the First Amendment of the Constitution. Plaintiff claimed that our client and…
Summary Judgment Finding No Duty in Kentucky Oil Rig Explosion
Barry M. Miller, Lucas R. Harrison and Sean C. Harrison prevailed on a motion for summary judgment in the United States District Court for the Western District of Kentucky on behalf of a nationwide insurance carrier.…
No Probable Cause Found in Florida Professional Liability Matter
Robert Klein and Chris Fraga represented a Florida attorney in responding to a complaint to the Florida Bar’s Attorney/Consumer Assistance Program, which included allegations that the client had improperly threatened a pro se Plaintiff in order…