Significant Cases
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 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 dismissed the wrongful death and survivorship claims of the estate of a decedent construction worker who died following an electrocution event at a New Jersey jobsite.
Our client was the general contractor and developer of a new large residential construction project. Plaintiff’s decedent was an employee of a subcontractor. Plaintiff’s decedent was working with a team to lift aluminum scaffolding poles (~25′ tall) when a heavy gust of wind caused the pole to come into contact with nearby powerlines, causing an electrocution event. Two workers died and another was injured.
During the course of discovery and after obtaining documents from the local Surrogate Court, it became apparent that there was an issue with the purported administrator of the estate. Plaintiff initially filed the Complaint under the authority of decedent’s mother; however, decedent had left behind two children. Thus, decedent’s mother was barred from acting as administratrix for the estate. Plaintiff moved to amend to add the children’s mother as administratrix, however, under New Jersey law, the amendment cannot relate back to the original complaint because that complaint is/was deemed to be a legal nullity. Judge Lynott agreed with our arguments and determined that the original complaint was a nullity and that by the time plaintiff moved to amend, the statute of limitations had run, and the amended complaint was time barred. Therefore, Judge Lynott dismissed this plaintiff’s wrongful death claim with prejudice.
Of importance, the demand for this claim likely would have been between $7MM -$9MM.
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…