Category: Uncategorized

MH Wins Solar Energy Arbitration

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 […]

Fifth Circuit Blesses Snap Removals

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, […]

MH Wins Summary Judgment in Complex and Contentious Trade Secrets Case

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 Obtains Dismissal of Complaint for Insurer Client

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 Prevails on Motion to Compel Arbitration

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 […]

MH Secures Dismissal with Prejudice on FRCP 12 (b)(6) Challenge

McDowell Hetherington obtained a complete dismissal with prejudice for its client, a leading insurance company, in a federal court case involving claims for breach of contract, fraud, dependent adult abuse, and declaratory relief based on the issuance and court-ordered modification of a structured settlement annuity. Plaintiff sought over $2 million in damages against the annuity […]

MH Prevails on Summary Judgment for Life Insurer Client

MH California lawyers recently obtained complete summary judgment on behalf of our client, a life insurance company, in a case involving claims of fraud, negligent misrepresentation, and conspiracy. Plaintiff’s claims were based on the allegation that our client’s former agent obtained a beneficiary change removing Plaintiff as a beneficiary of her late aunt’s life insurance […]

MH Wins Solar Energy Arbitration

McDowell Hetherington obtained a complete victory for its client, a leading solar energy company, following an arbitration hearing in Houston against a subcontractor. The case centered on contracts for dozens of solar energy systems installed in four states. MH’s client sought nearly $500,000 for systems that were cancelled or improperly installed. It was awarded 100% […]

Matthews Again Named Texas Super Lawyer

Thomson Reuters has recognized MH partner Matt Matthews as a Texas Super Lawyer in the category of business litigation for the third year in a row. Matt’s practice, however, extends well beyond Texas. His experience litigating complex business disputes spans the country. In the last six months alone he has won a jury trial in […]

Seventh Circuit Affirms Dismissal of Energy Class Action

The United States Court of Appeals for the Seventh Circuit issued a unanimous opinion affirming dismissal of a class action brought against MH client Direct Energy on behalf of its Illinois variable-rate electricity customers. The Seventh Circuit agreed with the District Court that the plaintiff failed to plead any facts suggesting that Direct Energy’s rates […]