McDowell Hetherington LLPMcDowell 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. […]
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 […]
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 […]
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 […]
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 […]
McDowell Hetherington won an arbitration for its client, a leading solar energy company, after a multi-day hearing that took place in Houston in January 2020. The case was a complex dispute with a contractor over construction and production issues related to several large solar energy systems. The contractor filed the case seeking $880,000 for unpaid […]
New Orleans, LA – The Fifth Circuit recently joined the Second, Third, and Sixth Circuits in blessing so-called “snap removals” – a procedure used by non-forum defendants to seemingly circumvent the forum-defendant rule and remove cases on the basis of diversity before any forum defendants are served. Texas Brine Co., L.L.C. v. Am. Arbitration Ass’n, […]
McDowell Hetherington lawyers Will Thomas, David McDowell, and co-counsel John McHugh recently obtained summary judgment on remaining claims in a complex trade secret case involving new, devulcanization technologies that recycle rubber materials. Plaintiffs asserted that MH’s clients misappropriated their technology while previously providing services as independent contractors, violated non-compete agreements, and sought over $250,000,000 in […]
MH’s California lawyers recently obtained dismissal of claims against our insurance company client involving claims of fraud, negligence, and negligent misrepresentation. Plaintiff claimed that our client fraudulently concealed an erroneous insurance illustration Plaintiff requested in 2013 on behalf of his clients, a couple for whom Plaintiff was purportedly acting as a “consultant.” Plaintiff claimed that […]
MH attorneys successfully compelled to arbitration a matter filed against its client, a leading solar energy service provider, alleging claims of breach of warranty under the federal Magnuson-Moss Warranty Act and California’s Song-Beverly Consumer Warranty Act. Plaintiff attempted to avoid arbitration by arguing that our client had waived its right to arbitration by failing to […]