Significant Cases

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

2017 | Category: Significant Cases
EMH attorneys Kate Easterling and Joe Bain 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 EMH, Bankruptcy Judge David R. Jones entered an order conditioning the 363 sale on the preservation of causes of […]

EMH Represents GeoTrace Technologies In Challenging Chapter 7 Filing

2017 | Category: Significant Cases
EMH attorney Joe Bain recently led a team of EMH attorneys in advising GeoTrace Technologies, Inc. (“GeoTrace”),  and its board of directors when the company was faced with a potential free-fall liquidation. After the lack of support for a Chapter 11 reorganization became apparent, EMH explored and advised GeoTrace on alternative forms of liquidating, including […]

EMH Prevails in Broker/Dealer Case

2016 | Category: Significant Cases
HOUSTON, TX. (September 6, 2016) — EMH attorneys Andrew Edison, 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 post-verdict motions, United States District Court Judge […]

EMH Prevails in 49ers Coverage Dispute

2016 | Category: Significant Cases
EMH 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.  Although First Mercury had a “primary and non-contributory” clause in its policy, the court still found […]

Dismissal of Consumer Protection Case Affirmed by Eleventh Circuit

2016 | Category: Significant Cases
EMH partner Jodi Swick represented a life insurance company in an action alleging violations of the California Consumer Legal Remedies Act (“CLRA”) California Unfair Competition Law (“UCL”), and Financial Abuse of an Elder, for improperly canceling a policy for non-payment of premiums and concealing/discouraging the option of selling the Policy on the secondary market. Plaintiff’s case […]

Fifth Circuit Affirms Trial Verdict in Louisiana Mold Exposure Case

2016 | Category: Significant Cases
EMH attorneys Andrew Edison and 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. rubin-v-american-insurance-co

EMH Secures Defeat of Class Certification Motion in RICO Case

2016 | Category: Significant Cases
EMH 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); plans that allegedly did not provide the promised tax benefits. The case resolved after EMH […]

EMH Secures Successful Result in Delaware Bankrupt Proceeding

2016 | Category: Significant Cases
EMH attorney Joe Bain represented Direct Energy as forward contract merchant and party to multiple natural gas and electricity supply agreements involving multiple properties owned by the Sports Authority retail chain. In doing so, we were able to successfully assert Direct Energy’s rights as a forward contract merchant (as opposed to a utility) and achieve […]

EMH Wins Summary Judgment Voiding Insurance Policy

2016 | Category: Significant Cases
EMH prevailed on summary judgment voiding an insurance policy on account of a material misrepresentation in an insurance application, even though that defense was not asserted until after the litigation commenced. brambila-v-wozencraft-insurance-agency-inc

EMH Wins Summary Judgment in $2.3 Million Dispute

2016 | Category: Significant Cases
EMH prevailed in cross-motions for summary judgment for First Mercury to defeat Multnomah County’s insurance claim to recover a $2.3 million underlying judgment relating to damage to Morrison Bridge in Portland, OR. In an issue of first impression, the Court found that Oregon R.S. § 31.140 protects both subcontractors and their insurers when contractors attempt to pass liability […]