Category: Uncategorized

Ninth Circuit Affirms Dismissal of Claims Against MH Client

Oakland, CA – The U.S. Court of Appeals for the Ninth Circuit Court recently issued a unanimous decision affirming the trial court’s dismissal, with prejudice, of claims brought against an MH insurer client and its agent by a plaintiff for Unfair Competition, Financial Elder Abuse, and violation of the California Consumer Legal Remedies Act (“CLRA”). […]

Matthews Still Super in 2021

Houston, TX (September 30, 2021) – MH partner Matt Matthews was named by Thomson Reuters as a Texas Super Lawyer in the category of business litigation for a fifth consecutive year. Some of Matt’s 2021 highlights are defeating a high-stakes class action motion that asked a Texas federal court to certify a class in which […]

MH Prevails in California AD&D Case

Oakland, CA – In August 2021 and after a nearly two-year court battle, MH obtained a summary judgment in favor of the firm’s life insurance client in a case seeking accidental death benefits under a group policy governed by ERISA. This protracted litigation commenced in Kentucky state court, was removed to federal court in Kentucky […]

MH Joins Law Firm Antiracism Alliance

Houston, TX – MH stands with more than 300 law firms in being a proud member of the Law Firm Antiracism Alliance (LFAA). As an ally firm, we declare our support for LFAA’s mission and initiatives, and we take an active role in promoting systemic changes to remove racial barriers and inequities. MH is committed […]

Supreme Court narrowly construes autodialer in favor of TCPA defendants

Houston, TX – The United States Supreme Court issued a big win for TCPA defendants today, resolving a widening circuit split on what technology is considered an “autodialer” and subject to TCPA liability. For years, lower courts disputed whether Congress’ definition of “autodialer” in the 1991 law applied to those modern technologies that do not […]

MH Victories on Emerging Life Insurance Issue

McDowell Hetherington attorneys recently secured a string of victories upholding the legitimacy and enforceability of maturity provisions in life insurance policies. The enforceability and mechanics of maturity provisions—which define the point at which universal life insurance policies “mature,” and no longer provide a payout of the face amount—are an emerging issue in life insurance litigation. […]

New City, NY

McDowell Hetherington attorneys Matt Matthews and Andrew Kasner recently prevailed at summary judgment in a case pending before the Rockland County, New York Supreme Court. The plaintiff, a former broker and salesman, alleged that MH’s client owed him money under the terms of a sales contract. The plaintiff pursued claims for breach of contract, unjust […]

The Texas Supreme Court Amends the Texas Rules of Civil Procedure

Houston, TX – The Texas Supreme Court significantly amended the Texas Rules of Civil Procedure to expedite more cases to trial and minimize discovery through mandated “required” disclosures. We anticipate that the amended Rules will cause many Texas state-court practitioners to adjust their practice, revise routine strategies, and implement new procedures to adapt to an […]

Matthews Named Texas Super Lawyer in Business Litigation

MH partner Matt Matthews was again named by Thomson Reuters as a Texas Super Lawyer in the category of business litigation. This is the fourth consecutive year Matt has received this honor. Some of Matt’s highlights from 2020 are two arbitration victories for a solar energy provider in Houston, a summary judgment win in a […]

MH Secures Dismissal with Prejudice for Retail Energy Client

McDowell Hetherington recently obtained a complete dismissal with prejudice in a case pending in the Western District of New York. The plaintiffs asserted that MH’s retail energy client violated New York’s requirement that all variable charges be clearly and conspicuously identified in the materials sent to them for their natural gas accounts. The Court roundly […]