California Attorneys Secure Victory In District Court

December 15, 2023

Case Studies

McDowell Hetherington successfully defended its corporate client, a leading life insurance provider, in a lawsuit brought by its insured asserting claims under California’s Identify Theft Act (“CITA”).

In December 2023, following nearly three years of litigation, the United States District Court for the Northern District of California granted the client’s motion for summary judgment in its entirety and dismissed the lawsuit. The case involved allegations by the client’s insured that an unidentified individual had fraudulently taken out loans against her life insurance policy. After removing the action to federal court, McDowell Hetherington attorneys moved for summary judgment, arguing that the plaintiff’s claims were time-barred, even when accounting for the tolling of the statutes of limitations under the COVID-19 Emergency Rules adopted by the California Judicial Council.

As a result of the Court’s order, McDowell Hetherington’s client evaded liability for the plaintiff’s claims, including  for civil penalties available under CITA, and saved substantial costs in avoiding trial.