Attorney Brian Fahling's Legal Cases

Litigation

In Re Estate of T. Mark Stover: Vaux-Michel v. Simmons

Sep 24, 2012

OUTCOME: Respondent ordered to pay $150,000 plus $40,000 in attorney's fees

Counsel for petitioner in case where decedent, Mark Stover (the "Dog Whisperer," and dog trainer to the stars), believing he would be murdered by someone hired by his ex-wife and father-in-law, left a ... check in the amount of $150,000 for woman he was going to marry, petitioner Teresa Vaux-Michel. Mr. Stover was murdered less than two months later, and Michel Oakes, Mr. Stover’s ex-wife’s live-in boyfriend, was convicted of the first degree murder of Mr. Stover. Ms. Vaux-Michel sued for the check, a gift causa mortis. (Skagit County Sup. Ct. No. 09-4-00411-1) (Sept. 24, 2012)

Constitutional

Pine v. City of West Palm Beach

Sep 11, 2007

OUTCOME: Judgment for Plaintiff

Successfully challenged two West Palm Beach ordinances on First Amendment grounds. Also recovered attorney’s fees.

Litigation

DePrimo v. Chiarelli

Nov 17, 2006

OUTCOME: Favorable settlement for Plaintiff

Plaintiff sought damages for vexatious litigation, legal malpractice and civil conspiracy. Settled for Plaintiff on eve of trial

General practice

DePrimo v. Chiarelli

Nov 17, 2006

OUTCOME: Settlement

Plaintiff sued for damages alleging vexatious litigation, abuse of process, intentional infliction of emotional distress, negligent supervision, Libel per se, fraudulent conveyance and civil conspiracy ... . Case settled on eve of trial. Terms of settlement are confidential.

Constitutional

Reyes v. City of Chula Vista

Apr 18, 2006

OUTCOME: Consent Decree against City

Challenged city’s violation of plaintiffs’ First Amendment rights. Obtained consent decree which included damages for plaintiffs, attorney’s fees, and requirement that City provide First Amendment trai ... ning on an annual basis to all police officers and other city employees.

Constitutional

Victory Tabernacle Missionary Baptist Church v. Henry County, Georgia

Sep 15, 2003

OUTCOME: Judgment for Plaintiff

Lawsuit alleged RLUIPA violation; obtained consent decree granting requested relief, damages, and attorney’s fees.

Constitutional

Bischoff v. Florida

Jul 09, 2003

OUTCOME: Judgment for Plaintiff

Two Florida statutes struck by court as unconstitutional. Attorneys fees awarded.

Constitutional

United States v. American Library Assoc.,

Jun 02, 2003

OUTCOME: Decision upheld Child Internet Protection Act

As counsel of record authored amicus brief to U.S. Supreme Court (in support of Child Internet Protection Act) on behalf of United States Senator Trent Lott and three House members.

Constitutional

Shields, et al v. Kiowa County Sch. Dist. RE-2

May 22, 2003

OUTCOME: Judgment for Defendant

Successfully defended Kiowa County School District (Colorado) RE-2 against motion for TRO, and preliminary and permanent injunction.

Land use and zoning

Victory Tabernacle Missionary Baptist Church v. Henry County, Georgia

Mar 20, 2003

OUTCOME: Judgment for Plaintiff

The lawsuit alleged that the plaintiff had been denied a conditional use permit to build in Henry County because it is an African-American church. It was alleged that while Victory was denied a condit ... ional use permit, numerous predominately white churches in the area had received conditional use permits from the county. The lawsuit also alleged that the county had violated the Religious Land Use and Institutionalized Person’s Act (RLUIPA). Consent decree entered requiring county to issue conditional use permit to plaintiff. Damages for plaintiff and attorneys fees also ordered.

Brian Fahling's Legal Cases (14)

In Re Estate of T. Mark Stover: Vaux-Michel v. Simmons

Pine v. City of West Palm Beach

DePrimo v. Chiarelli

DePrimo v. Chiarelli

Reyes v. City of Chula Vista

Victory Tabernacle Missionary Baptist Church v. Henry County, Georgia

Bischoff v. Florida

United States v. American Library Assoc.,

Shields, et al v. Kiowa County Sch. Dist. RE-2

Victory Tabernacle Missionary Baptist Church v. Henry County, Georgia