Jodi K. Swick

Partner

Phone: (510) 628-2194

Fax: (510) 628-2146

Email: jodi.swick@mhllp.com

Office: NORTHERN CALIFORNIA

Jodi K. Swick is a successful trial lawyer. She founded McDowell Hetherington’s California office in 2013. During her career, Jodi has been recognized as a stand-out attorney. She was named by San Francisco Business Times as one of its “40 Under 40.” This award identifies the forty most influential young leaders across a spectrum of Bay Area businesses — all under forty and all high achievers for their companies, industries, and the community.

Jodi is known by her clients for her ability to take on tough cases and favorably resolve them. She has been victorious in jury trials – obtaining complete defense verdicts – and at the Ninth Circuit Court of Appeals. She regularly prevails on dispositive motions and also negotiates settlements in what clients view as “impossible to resolve” cases.

Jodi’s specialty is representing insurance company and financial services clients. She represents them in all types of matters – ranging from complex coverage issues, bad faith disputes, financial elder abuse claims to contractual negotiations, regulatory issues, and specialized business concerns. Jodi has litigated cases in virtually every line of coverage with limits and benefits ranging from a few thousand dollars to hundreds of millions of dollars. Her experience includes general liability, personal lines, entertainment liability, errors and omissions, employment liability, health, life, disability, ERISA, and professional liability policies.

Jodi ‘s practice also specializes in class action and complex business matters that have been pursued under a wide variety of statutes and consumer protection laws. She has expertise representing high-profile individuals, Michelin-starred chefs, pharmaceutical companies, manufacturing companies, start-ups, and other well-known businesses.

HONORS
  • Litigation Counsel of America – Fellow, 2016-2021
  • Super Lawyers Rising Star for 2013, 2015, 2016, and 2017
  • Named as San Francisco Business Times’ 40 Under 40
  • MH California recognized by Chambers & Partners for Insurance Law, 2015, 2016 and 2017
REPRESENTATIVE EXPERIENCE
  • Obtained complete defense verdict in nine-week jury trial in Southern California for insurer client in matter involving complex agency issues and claim for elder abuse and punitive damages.
  • Achieved complete defense verdict in federal jury trial in Central District of California for insurer client in lawsuit involving multiple misrepresentations on insurance application due to alleged language barrier.
  • Secured affirmation of jury trial victory from Ninth Circuit Court of Appeal in unanimous memorandum opinion.
  • Obtained summary judgment on behalf of insurer client in Northern California in matter involving alleged misconduct during policy processing and claim handling.
  • Secured favorable settlement in matter involving coverage under a general liability policy for high-profile individual and vicarious liability for insured’s alleged intentional conduct.
  • Obtained dismissal with prejudice of nationwide class action lawsuit for insurer client alleging violations of California Business and Professions Code Section 17200, violations of the California Insurance Code, and business torts.
  • Secured affirmation of dismissal with prejudice on Rule 12 motion from Ninth Circuit Court of Appeal in matter involving alleged fraud in sale of a life insurance policy.
  • Negotiated favorable settlement for insurer client involving alleged violations of Insurance Fair Conduct Act and bad faith seeking attorneys’ fees and extra-contractual damages under Washington law.
  • Obtained summary judgment on behalf of insurer client in matter involving ERISA administered policy and administration of benefits.
  • Obtained favorable settlement for insurer client in matter related to lapse of life insurance policy under California lapse statutes.
  • Secured summary judgment on rescission of insurance policy from the Western District of Washington in matter involving failure to disclose true health on life insurance application.
  • Obtaining dismissal of claims and award of attorneys’ fees under California’s Anti-SLAPP statute based on erroneous allegations of tortious interference with contract.
  • Successfully resolved a coverage dispute in international arbitration relating to underlying claims for MTBE contamination of ground water.
  • Obtained Summary Judgment for client prevailing on copyright and intellectual property claims related to website and related photographs.
ADMISSIONS
  • California
  • Washington
  • United States District Court for the Northern District of California
  • United States District Court for the Southern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
  • United States Courts of Appeals for the Ninth Circuit
EDUCATION
  • University of California at Berkeley, J.D., 2003
  • Texas Tech University, B.A., political science, summa cum laude, 1999