Six MH Attorneys Named 2024 Rising Stars by Texas Super Lawyers

Houston, TX (March 21, 2024) – McDowell Hetherington is proud to announce that six attorneys have been selected to the 2024 Texas Rising Stars list. Texas Super Lawyers’ Rising Stars recognizes attorneys who are either 40-years old and younger or ...Read More

MH Announces New Leadership Roles

Houston, TX (February 7, 2024) - MH is excited to announce that partners William B. Thomas and Bobby Debelak have been elected to new leadership roles at the firm. Will will serve as the firm’s new Hiring Partner, leading attorney ...Read More

McDowell Hetherington Celebrates 15th Anniversary

Houston, TX (January 19, 2024) - McDowell Hetherington is proud to announce the celebration of its 15th anniversary. To mark the occasion, our managing partner, David McDowell, shared the following words: “When Andy, Tom, and I started the firm in ...Read More

MH’s Avi Moshenberg & Co-Counsel Recognized by Law.com as Litigators of the Week

Houston, TX (November 2, 2023) In its latest edition of Litigators of the Week, Law.com / The AmLaw Litigation Daily has recognized the Texas team representing Sandy Hook Families against Alex Jones and his company, Free Speech Systems, in the ...Read More

MH Achieves Mansfield Certification for 2022-2023

Houston, TX (October 10, 2023) McDowell Hetherington is proud to announce that the firm has achieved Mansfield Certification! Mansfield Certification, awarded by Diversity Labs, measures the structural changes and steps we have taken over the past year to ensure our ...Read More

McDowell & Matthews Recognized as 2023 Super Lawyers

Houston, TX (September 19, 2023) - MH partners David T. McDowell and Matt Matthews were named by Thomson Reuters as 2023 Texas Super Lawyers in the category of business litigation. Thomson Reuters recognizes outstanding attorneys in more than 70 areas ...Read More

The Mallory Decision – SCOTUS’ Ruling and Potential Impact on Personal Jurisdiction Analyses

On Tuesday, June 27, 2023, the Supreme Court decided Mallory v. Norfolk S. Ry. Co., which expands general jurisdiction and reaffirms old Supreme Court caselaw that creates an additional avenue for an entity to be sued in the state and for ...Read More

MH Wins Summary Judgment in New York Federal Court

Brooklyn, NY – On May 31, 2023, just weeks before the 6-year anniversary of the commencement of litigation, MH obtained a summary judgment in favor of the firm’s life insurance client in a case asserting breach of contract claims based ...Read More

MH Welcomes New Director of Recruiting & Professional Development

Houston, TX (May 26, 2023) - McDowell Hetherington is excited to announce Hope M. Young as its new Director of Recruiting & Professional Development. Hope will oversee and implement the firm’s law school recruitment program and lateral associate hiring initiatives. ...Read More

Texas Senate Passes H.B. 19 to Create New Business Court

On Friday, May 12, 2023, the Texas Senate passed H.B. 19 that will affect how some commercial litigation cases are handled by creating a new specialized business trial court. The bill’s stated purpose is to streamline resolutions of business disputes ...Read More

Ninth Circuit Affirms Dismissal of Claims Against MH Client

Oakland, CA – The U.S. Court of Appeals for the Ninth Circuit Court recently issued a unanimous decision affirming the trial court’s dismissal, with prejudice, of claims brought against an MH insurer client and its agent by a plaintiff for ...Read More

Matthews Still Super in 2021

Houston, TX (September 30, 2021) – MH partner Matt Matthews was named by Thomson Reuters as a Texas Super Lawyer in the category of business litigation for a fifth consecutive year. Some of Matt's 2021 highlights are defeating a high-stakes ...Read More

MH Prevails in California AD&D Case

Oakland, CA – In August 2021 and after a nearly two-year court battle, MH obtained a summary judgment in favor of the firm’s life insurance client in a case seeking accidental death benefits under a group policy governed by ERISA. ...Read More

MH Joins Law Firm Antiracism Alliance

Houston, TX – MH stands with more than 300 law firms in being a proud member of the Law Firm Antiracism Alliance (LFAA). As an ally firm, we declare our support for LFAA’s mission and initiatives, and we take an ...Read More

Supreme Court narrowly construes autodialer in favor of TCPA defendants

Houston, TX – The United States Supreme Court issued a big win for TCPA defendants today, resolving a widening circuit split on what technology is considered an “autodialer” and subject to TCPA liability. For years, lower courts disputed whether Congress’ ...Read More

MH Victories on Emerging Life Insurance Issue

McDowell 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 ...Read More

New City, NY

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 ...Read More

The Texas Supreme Court Amends the Texas Rules of Civil Procedure

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 ...Read More

Matthews Named Texas Super Lawyer in Business Litigation

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 ...Read More

MH Secures Dismissal with Prejudice for Retail Energy Client

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 ...Read More

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 ...Read More

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 ...Read More

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 ...Read More

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 ...Read More

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 ...Read More

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 ...Read More

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 ...Read More

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 ...Read More

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 ...Read More

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 ...Read More

MH Secures Unanimous Arbitration Win for Client

McDowell Hetherington recently obtained total victory for its client, a leading life-insurance company, in a unanimous arbitration award. An insurance broker sued the life insurer alleging that the insurer conveyed to him inaccurate tax advice about a customer’s annuity, which ...Read More

MH Wins Jury Trial in Houston

Last month, MH secured a complete defense verdict for an energy company and one of its former employees after a seven-day jury trial. The former employee was accused of assaulting a contractor during a termination and then destroying various personal ...Read More

MH Lawyers Named 2019 Rising Stars

McDowell Hetherington LLP is proud to announce that four of its lawyers – Kate Easterling, Micah Grodin, Avi Moshenberg, and Will Thomas — have been named to the 2019 Texas Rising Stars list. The annual list of Texas’ top up-and-coming ...Read More

Second Circuit Affirms Summary Judgment in Energy Class Action

The United States Court of Appeals for the Second Circuit issued an opinion affirming the summary judgment dismissal of a class action alleging that MH’s client, Direct Energy, overcharged variable-rate electricity customers in Connecticut and Massachusetts. Though this lawsuit is ...Read More

Matthews Named Texas Super Lawyer

MH partner Matt Matthews has been recognized by Texas Monthly magazine as a Texas Super Lawyer in the category of business litigation. This is the second consecutive year he has received this honor. Matt has experience prosecuting and defending cases ...Read More

McDowell Hetherington LLP Achieves HITRUST CSF® Certification to Further Mitigate Risk in Third Party Privacy, Security and, Compliance

National trial law firm McDowell Hetherington LLP today announced their Worldox application & servers, Equitrac print tracking system, Juris SQL servers and their supporting infrastructure have earned Certified status for information security by HITRUST. HITRUST CSF Certified status demonstrates that ...Read More

McDowell Hetherington LLP Announces Name Change

McDowell Hetherington LLP congratulates founding partner Andrew M. Edison on his appointment as a magistrate judge for the United States District Court for the Southern District of Texas. The appointment, which is effective immediately, recognizes Andrew’s twenty-four years as a ...Read More

MH Lawyer Named Texas Super Lawyer

MH partner Matt Matthews has been recognized by Texas Monthly magazine as a Texas Super Lawyer in the category of business litigation. Texas Monthly recognizes outstanding attorneys in more than 70 areas of practice using a rigorous, multiphase selection process ...Read More

Chambers USA Recognizes MH Partner Jodi Swick

MH is pleased to announce that firm partner Jodi Swick has been recognized by Chambers USA as a leaders in specific practice areas. Ms. Swick is a Recognised Practitioner in the category of California, Insurance, Insurer. Chambers USA ranks the ...Read More

MH Wins Software Arbitration

MH has successfully represented a major international software provider in an arbitration proceeding questioning the feasibility of the company’s health care computer software. MH’s client received an arbitration demand late last year from a disgruntled customer, who alleged that MH’s ...Read More

MH Secures Pro Bono Victory

After six years of hard work, MH attorney Andrew Kasner, with the assistance of Houston Volunteer Lawyers and Kids in Need of Defense, has successfully adjudicated a pro bono immigration matter in his client’s favor resulting in the client’s receipt ...Read More

MH 2017 Texas Rising Stars

McDowell Hetherington LLP is proud to announce that three of its lawyers – Kate Easterling, Blaire Bruns Johnson and William Thomas — have been named to the 2017 Texas Rising Stars list. The annual list of Texas’ top up-and-coming lawyers ...Read More

MH Successfully Preserves Causes of Action Against Bankrupt Oil Service Company’s Executives

MH attorney Kate Easterling represented Lendteq, LLC in successfully contesting the bankruptcy sale of Diverse Energy Systems, LLC (“DES”) and certain of its affiliates to Cimarron Acquisition Co. Based on arguments made by MH, Bankruptcy Judge David R. Jones entered ...Read More

McDowell Hetherington LLP announces new Florida location

National trial law firm McDowell Hetherington LLP (“MH”) announced the opening of its South Florida office today. MH now has offices from coast to coast—in Texas, California and Florida. Kristina “Tina” B. Pett and Wendy L. Furman, formerly of Pett ...Read More

MH Prevails in Broker/Dealer Case

MH attorneys Jason Richardson and Kate Easterling obtained post-verdict judgment as a matter of law in favor of securities broker/dealer on claims of fraud involving the sale of variable annuities to early retirees. After a week-long jury trial and various ...Read More

MH Prevails in 49ers Coverage Dispute

MH Partner Jodi Swick prevailed on behalf of First Mercury in obtaining an order that Great Divide is required to share in the defense of the San Francisco 49ers, in a suit by victims of a beating at Levi’s Stadium. ...Read More

MH Partner Jodi Swick Again Recognized by the Legal Community

Oakland, CA. (July 16, 2016) – Jodi K. Swick, partner in the California office of McDowell Hetherington, LLP, has once again been recognized by her peers for her professional accomplishments. Jodi has been selected for inclusion in the 2016 list ...Read More

Dismissal of Consumer Protection Case Affirmed by Eleventh Circuit

MH partner Jodi Swick represented a life insurance company in an action alleging violations of the California Consumer Legal Remedies Act (“CLRA”), the California Unfair Competition Law (“UCL”), and Financial Abuse of an Elder, for improperly canceling a policy for ...Read More

MH Houston Office Moves to First City Tower

McDowell Hetherington LLP, a national trial litigation boutique law firm focused on meeting the litigation and trial needs of its clients, will relocate its Houston headquarters to the First City Tower, located at 1001 Fannin Street, Suite 2700, Houston, Texas ...Read More

MH California Recognized by Chambers & Partners for Excellence in Insurance Law

The California office of McDowell Hetherington, LLP has been recognized again by Chambers USA for excellence in Insurance Law. This is the second year in a row that the California office of MH has been recognized, in its second year ...Read More

Fifth Circuit Affirms Trial Verdict in Louisiana Mold Exposure Case

MH attorney Hutson Smelley represented a property insurer sued in Louisiana by plaintiffs alleging personal injuries from mold exposure, achieving a complete defense verdict from the jury that was affirmed on appeal.

MH Secures Defeat of Class Certification Motion in RICO Case

MH partners David McDowell and Amy Boyea represented a life insurer in a class action alleging RICO violations and fraud based on the putative class members’ adoption or participation in voluntary employees’ beneficiary association plans (VEBA Plans) under IRC 419A(f)(6); ...Read More

MH Lawyers Named Rising Stars

McDowell Hetherington LLP is proud to announce that three of its lawyers – Kate Easterling, Blaire Bruns Johnson and Jason Richardson — have been named to the 2016 Texas Rising Stars list. The annual list of Texas’ top up-and-coming lawyers ...Read More

MH Secures Dismissal with Prejudice in Wrongful Lapse Case

MH attorney Jodi Swick represented a life insurer where the policy lapsed, due to non-payment of premium, and insured died thereafter. Plaintiff claimed her husband was incapacitated and was not capable under the California Probate Code to let the policy ...Read More

MH Secures Dismissal with Prejudice of Bad Faith Claim

MH attorney Jodi Swick represented a life insurance company who was sued by a plaintiff alleging a massive conspiracy to deny him benefits under his parents’ life insurance policy. We successfully moved to dismiss three iterations of Plaintiff’s complaint and ...Read More

Fifth Circuit Affirms Summary Judgment in Title VII Case

MH attorney Jason Richardson obtained summary judgment in favor of employer on all claims asserted by employee alleging violations of Title VII. The judgment was affirmed on appeal to the U.S. Court of Appeals for the Fifth Circuit (Case No. ...Read More

MH Secures Dismissal of Delaware RICO Case

MH attorneys Tom Hetherington, David McDowell, Jarrett Ganer, and Kendall Burr represented a life insurer in mass action brought by 60 life insurance trusts seeking hundreds of millions of dollars in damages. MH successfully obtained dismissal of nearly all of ...Read More

California’s Second District Court of Appeal Affirms Dismissal in Life Insurance Dispute

MH attorneys Tom Hetherington and Jodi Swick represented a life insurance company in a lawsuits where Plaintiff alleged a second-to-die life insurance policy was obligated the insurance company to pay the death benefit twice, i.e., upon the death of each ...Read More

MH Wins Summary Judgment in Welfare Benefit Case

MH attorneys Amy Boyea and Jason Richardson obtained dismissal on summary judgment of all claims asserted by broker against his employer and its parent company for alleged improper training in relation to the sale of 419(e) plans.

MH Wins ERISA Preemption Motion

MH attorney Jodi Swick represented a life insurance company in case where plaintiffs were two individuals who were not named beneficiaries of the policy but claimed to be entitled to benefits. MH filed a motion for judgment on the pleadings ...Read More

5 Tips To Avoid Bad Faith

Law360 — As stated in an article written by MH partner Jodi Swick, insurance companies tend to make headlines when high-dollar or high-profile claims are denied. While insurance companies often have a valid reason for a determination of no coverage, ...Read More

Fifth Circuit Affirms Summary Judgment in Welfare Benefit Litigation

MH attorneys David McDowell and Amy Boyea successfully represented life insurer in Fifth Circuit Appeal to affirm trial court’s summary judgment in favor of life insurer regarding attempted rescission of life insurance policies issued to fund a 412 (i) welfare ...Read More

MH Prevails in Impostor Insured Case

MH attorneys David McDowell and Jason Richardson obtained summary judgment in favor of life insurer on all claims brought by a fictitious charitable organization for insurance proceeds on the life of a non-existent person. The court found that the beneficiary ...Read More