Since 2009, McDowell Hetherington has represented leading retail energy suppliers in hundreds of disputes across the country. MH has been at the forefront of—and has obtained some of the most significant victories in—variable-rate class actions. It has defeated class certification and won summary judgment in bet-the-company TCPA cases. And it has represented retailers in numerous commercial disputes as plaintiff and defendant.  

The firm’s retail energy work in 2025 expanded that experience and success. MH represented seven suppliers from different companies based in Texas and across the Northeast United States, working on complex matters and securing victories like these: 

• MH removed a variable-rate class action to the Northern District of Illinois and then won a Rule 12(b)(6) motion to dismiss.  

• MH won dismissal of all pricing claims in a class action in the District of Massachusetts. 

• MH won summary judgment on vicarious liability in a 2018 TCPA class action filed in the Northern District of Ohio in which the alleged violations could have resulted in billions in statutory damages.  

• Weeks after that summary judgment win, MH resolved a 2021 TCPA class action in the Southern District of Texas involving the same telemarketing contractor (and alleging similar damages) on an individual basis.  

• MH argued before the Second Circuit Court of Appeals in a class action involving pricing and renewable-energy-marketing claims. 

• MH won an appeal in New York’s Appellate Division, affirming summary judgment against an energy broker.   
• MH recovered millions of dollars for retailers in disputes with large commercial and industrial customers.  

MH looks forward to building on these successes in 2026 with opportunities like these: 

• In January, MH will argue for the Seventh Circuit Court of Appeals to affirm dismissal of a variable-rate class action. 

• In February, MH is set for trial in a Texas case in which its retail energy client seeks millions from a midstream oil and gas company. 

• MH is seeking a multi-million-dollar judgment for its client against the independent telemarketing contractor that was involved in the TCPA class actions noted above.  

• MH has motions to dismiss pending in two variable-rate class actions filed in the Northern District of Illinois. 

• MH is defending a retailer in four class actions alleging variable-rate and/or renewable-energy-marketing claims in the Southern District of New York, the District of Massachusetts, and New York Supreme Court.  

We are grateful that our retail energy clients have entrusted us with these and other cases and will continue providing the dedicated client service and high-quality representation that have enabled our past successes. 

Matt Matthews and Diane Wizig are the best MH contacts for prospective retail energy clients.