McDowell & Matthews Recognized as 2023 Super Lawyers
Houston, TX
(September 19, 2023)
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
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The Mallory Decision – SCOTUS’ Ruling and Potential Impact on Personal Jurisdiction Analyses
Washington, D.C.
(July 10, 2023)
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
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MH Wins Summary Judgment in New York Federal Court
Brooklyn, NY
(June 8, 2023)
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
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MH Welcomes New Director of Recruiting & Professional Development
(May 29, 2023)
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.
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Texas Senate Passes H.B. 19 to Create New Business Court
Houston
(May 15, 2023)
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
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Ninth Circuit Affirms Dismissal of Claims Against MH Client
Oakland, CA
(October 4, 2021)
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
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Matthews Still Super in 2021
Houston, TX
(September 30, 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
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MH Prevails in California AD&D Case
Oakland, CA
(September 14, 2021)
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.
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MH Joins Law Firm Antiracism Alliance
Houston, TX
(June 18, 2021)
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
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Supreme Court narrowly construes autodialer in favor of TCPA defendants
Houston, TX
(April 6, 2021)
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’
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MH Victories on Emerging Life Insurance Issue
Houston, TX
(December 7, 2020)
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
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New City, NY
New City, NY
(September 24, 2020)
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
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The Texas Supreme Court Amends the Texas Rules of Civil Procedure
Houston, TX
(September 24, 2020)
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
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Matthews Named Texas Super Lawyer in Business Litigation
Houston, TX
(September 23, 2020)
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
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MH Secures Dismissal with Prejudice for Retail Energy Client
Rochester, NY
(August 25, 2020)
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
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MH Wins Solar Energy Arbitration
Houston, TX
(June 17, 2020)
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
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Fifth Circuit Blesses Snap Removals
New Orleans
(April 25, 2020)
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
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MH Wins Summary Judgment in Complex and Contentious Trade Secrets Case
Phoenix, AZ
(March 25, 2020)
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
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MH Obtains Dismissal of Complaint for Insurer Client
Los Angeles, CA
(February 25, 2020)
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
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MH Prevails on Motion to Compel Arbitration
Sutter County, CA
(January 25, 2020)
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
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MH Secures Dismissal with Prejudice on FRCP 12 (b)(6) Challenge
Fresno, CA
(January 23, 2020)
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
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MH Prevails on Summary Judgment for Life Insurer Client
Orange County, CA
(January 23, 2020)
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
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MH Wins Solar Energy Arbitration
Houston, TX
(November 15, 2019)
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
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Matthews Again Named Texas Super Lawyer
Houston, TX
(September 3, 2019)
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
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Seventh Circuit Affirms Dismissal of Energy Class Action
Chicago, IL
(July 26, 2019)
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
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MH Secures Unanimous Arbitration Win for Client
Houston, TX
(June 25, 2019)
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
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MH Wins Jury Trial in Houston
Houston, TX
(May 22, 2019)
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
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MH Lawyers Named 2019 Rising Stars
Houston, TX
(March 20, 2019)
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
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Second Circuit Affirms Summary Judgment in Energy Class Action
New York
(February 4, 2019)
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
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Matthews Named Texas Super Lawyer
Houston, TX
(September 6, 2018)
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
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McDowell Hetherington LLP Achieves HITRUST CSF® Certification to Further Mitigate Risk in Third Party Privacy, Security and, Compliance
Houston, TX
(April 25, 2018)
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
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McDowell Hetherington LLP Announces Name Change
Houston, TX
(February 22, 2018)
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
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MH Lawyer Named Texas Super Lawyer
Houston, TX
(September 18, 2017)
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
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Chambers USA Recognizes MH Partner Jodi Swick
Houston, TX
(September 18, 2017)
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
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MH Wins Software Arbitration
Houston, TX
(July 24, 2017)
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
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MH Secures Pro Bono Victory
Houston, TX
(July 23, 2017)
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
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MH 2017 Texas Rising Stars
Houston, TX
(March 16, 2017)
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
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MH Successfully Preserves Causes of Action Against Bankrupt Oil Service Company’s Executives
(February 25, 2017)
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
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McDowell Hetherington LLP announces new Florida location
Houston, TX
(December 1, 2016)
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
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MH Prevails in Broker/Dealer Case
Houston, TX
(September 6, 2016)
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
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MH Prevails in 49ers Coverage Dispute
(July 25, 2016)
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.
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MH Partner Jodi Swick Again Recognized by the Legal Community
Oakland, CA
(July 16, 2016)
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
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Dismissal of Consumer Protection Case Affirmed by Eleventh Circuit
(June 12, 2016)
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
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MH Houston Office Moves to First City Tower
Houston, TX.
(June 11, 2016)
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
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MH California Recognized by Chambers & Partners for Excellence in Insurance Law
Oakland, CA
(June 1, 2016)
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
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Fifth Circuit Affirms Trial Verdict in Louisiana Mold Exposure Case
(May 25, 2016)
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
(April 25, 2016)
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);
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MH Lawyers Named Rising Stars
Houston, TX
(March 21, 2016)
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
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MH Secures Dismissal with Prejudice in Wrongful Lapse Case
(February 25, 2015)
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
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MH Secures Dismissal with Prejudice of Bad Faith Claim
(February 25, 2015)
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
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Fifth Circuit Affirms Summary Judgment in Title VII Case
(February 25, 2014)
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.
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MH Secures Dismissal of Delaware RICO Case
(February 25, 2014)
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
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California’s Second District Court of Appeal Affirms Dismissal in Life Insurance Dispute
(February 25, 2014)
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
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MH Wins Summary Judgment in Welfare Benefit Case
(February 25, 2014)
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
(February 25, 2014)
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
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5 Tips To Avoid Bad Faith
New York
(February 7, 2013)
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,
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Fifth Circuit Affirms Summary Judgment in Welfare Benefit Litigation
(June 12, 2012)
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
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MH Prevails in Impostor Insured Case
(July 25, 2011)
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
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