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 rejected that theory and determined that the materials comply as a matter of law. This decision is a significant victory for MH’s client that has been defending very similar claims in the Northern District of New York for years. Because the two cases involve some of the same plaintiffs and shared counsel, MH’s client now has additional preclusion defenses to defeat the Northern District lawsuit. MH attorneys Matt Matthews, Diane Wizig, and James Chambers litigated the case.