Amy B. Boyea
Phone: (817) 635-7301
Fax: (713) 337-8849
Office: DALLAS/FT. WORTH
Amy Boyea is a founding partner of McDowell Hetherington and the managing partner of its Dallas/Fort Worth office. Amy specializes in complex commercial litigation, with a focus on insurance and financial services litigation. Amy has served as national counsel for numerous financial services companies in matters concerning a variety of welfare benefit and defined benefit plans, including those relating to Sections 412(i), 419, 79, and 83 of the Internal Revenue Code. She also acts as national counsel for some of the nation’s largest insurers in actions relating to secondary market transactions of life and annuity products and structured settlement annuities, including successfully arguing issues of industry-wide significance at the appellate level.
Throughout her career, Amy has represented clients across the country in commercial and class action litigation, FINRA and AAA arbitrations, construction litigation, RICO actions, ERISA disputes, agent and broker compensation disputes, premium financing litigation, unfair settlement practices allegations, bad faith litigation, market conduct examinations, and viatical litigation. She enjoys working closely with clients throughout all phases of a dispute to determine the most effective and appropriate resolution strategies for each unique matter. Amy is consistently recognized as a leader in her field, being named a Texas Super Lawyer Rising Star for five consecutive years.
Amy grew up in Dallas, graduating from Texas Christian University, summa cum laude, in 1996 and from The University of Virginia School of Law in 2000. She lives in Arlington where she is actively involved in her church community, serves in various capacities at her children’s schools, is a committee member with her sons’ Boy Scout troop, and is an assistant troop leader for her daughter’s Girl Scout troop. Amy’s deep roots in both Dallas and Tarrant Counties give her a unique insight to the courts throughout the D/FW Metroplex.
- Obtained reversal of an order approving a structured settlement transfer in the first Texas appellate decision to interpret Section 916 of the federal Longshore and Harbor Workers’ Compensation Act. In re Great Plains Mgmt. Corp., No. 04-21-00110-CV, 2022 WL 2960228, at *4 (Tex. App.—San Antonio 2022).
- Obtained a unanimous opinion from the Kentucky Supreme Court in favor of annuity issuer and annuity owner protecting the integrity of a structured settlement arising out of a serious workers’ compensation injury, rejecting adverse findings by the Kentucky Circuit Court and Kentucky Court of Appeals, and overturning prior unfavorable appellate ruling. American General Life Ins. Co. v. DRB Capital, LLC, 562 S.W.3d 916 (Ky. 2018).
- Successfully defeated class certification in putative class action in federal court in California in which defendants were accused of engaging in a RICO conspiracy regarding the sale of certain life insurance products in connection with welfare benefit plans.
- Obtained dismissal with prejudice through demurrer of claims against annuity issuer alleging negligence, negligent misrepresentation, and rescission based on the issuance of a life-benefits-only annuity as part of a personal injury settlement package. Affirmed by the Court of Appeal of the State of California, Second Appellate District. Case No. B276316; Benjamin Ramirez v. American General Life Ins. Co., et al., in the California Court of Appeal, Second District.
- 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 benefit plan.
- Obtained dismissal on special appearance of all claims against foreign insurance entities alleged to have voluntarily participated in fraudulent investment scheme. Affirmed by the Court of Appeals, Fifth District Of Texas at Dallas. Cause No. 05-16-00286-CV; Gail Friend, et al. v. Acadia Holding Corp., et al., in the Court of Appeals, Fifth District of Texas at Dallas.
- Successfully obtained dismissal of claims against life insurer by financial advisors seeking indemnity and comparative fault in action alleging negligent and fraudulent financial planning advice involving a defined-benefit plan under former Internal Revenue Code Section 412(i). Affirmed by the Court of Appeal of the State of California, Sixth Appellate District. Choi v. Sagemark Consulting, 18 Cal. App. 5th 308 (2017), review filed (Jan. 11, 2018).
- Successfully defeated motion to remand and obtained complete dismissal with prejudice of all claims against leading insurance company client in federal court in California involving allegations of fraud, breach of contract, and dependent elder abuse relating to issuance and court-ordered modification of a structured settlement annuity.
- Obtained complete dismissal of claims asserted against structured settlement annuity issuer and annuity owner in the Northern District of Illinois in relation to assertions of failure to pay annuity payments that were improperly intercepted and fraudulently endorsed.
- Obtained Summary Judgment in favor of securities broker/dealer on all claims brought by former registered representative alleging failure to provide training necessary to make recommendations to customers regarding complex welfare benefit plans.
- Represented employers and insurers in employee benefit and insurance matters in various jurisdictions throughout the United States, including ERISA actions, involving benefit claim disputes.
- Successfully obtained dismissals for multiple insurance carriers and employers under ERISA for claims alleging wrongful denial or termination of benefits.
- Represented a former gas trader in multimillion-dollar arbitration against a multinational bank.
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States District Court for the District of Colorado
- United States District Court for the District of New Mexico
- United States District Court for the Eastern District of Wisconsin
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Third Circuit
- United States Court of Appeals for the Eleventh Circuit
- University of Virginia School of Law, J.D., 2000
- Texas Christian University, B.S., Political Science, summa cum laude, Phi Beta Kappa, 1996