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 issuer. MH successfully defeated a motion to remand the case to state court and obtained a dismissal with prejudice of all claims on an initial motion to dismiss. MH lawyers Amy Boyea and Emily Liu litigated the case.