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