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EMH Secures Dismissal with Prejudice of Bad Faith Claim

2015 | Category: Significant Cases
EMH attorneys Jodi Swick and Robert Whitney 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 twice successfully avoided attempts to remand the case to California state court. […]

EMH Wins Dismissal of Bad Faith and Consumer Protection Claims

2015 | Category: Significant Cases
EMH  prevailed in dismissing the claims against his client American Bankers, as a matter of law, as the Court found that a 10 year delay in paying life insurance benefits did not give rise to cause of action because the plaintiff had not tendered the claim earlier, and there was insufficient allegations that American Bankers had reason […]

EMH Secures Dismissal with Prejudice in Wrongful Lapse Case

2015 | Category: Significant Cases
EMH 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 lapse such that the policy should be reinstated.   We brought a motion to dismiss claiming that […]

EMH Wins ERISA Preemption Motion

2014 | Category: Significant Cases
EMH 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.  EMH filed a motion for judgment on the pleadings alleging that the policies were preempted by ERISA.  The district court agreed and dismissed the […]

EMH Wins Summary Judgment in Welfare Benefit Case

2014 | Category: Significant Cases
EMH 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. hill-v-woodbury

In Search of the Win-Win

Law firms and clients have become fixated in the last decade on hourly rates in efforts to increase revenue and reduce legal spend, but is this the most productive focus? Attorneys and clients often have adverse interests on hourly rates. If each instead defines their “win” in reference to their bottom lines, as opposed to […]

California’s Second District Court of Appeal Affirms Dismissal in Life Insurance Dispute

2014 | Category: Significant Cases
EMH attorneys Tom Hetherington and Jodi Swick represented a life insurance company in a lawsuits where Plaintiffs alleged a second-to-die life insurance policy was obligated to pay the death benefit twice, i.e., upon the death of each spouse. Plaintiff sued the insurance broker who sold him the policy, the broker’s employer, and the insurer. The […]

EMH Secures Dismissal of Delaware RICO Case

2014 | Category: Significant Cases
EMH 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.  EMH successfully obtained dismissal of nearly all of the claims in the suit, including  RICO and fraud-based claims, and the case was thereafter […]

Fifth Circuit Affirms Summary Judgment in Title VII Case

2014 | Category: Significant Cases
EMH attorneys Andrew Edison and 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. 13-40686).  The Supreme Court of the United States denied plaintiff’s petition for […]

Reduce Legal Spend By Embracing Technology And Ethics

Law360, New York (January 16, 2014, 12:48 AM EST) – Trimming the bottom line is at the top of every legal department’s to-do list. Ideas on how to reduce legal spend have fluxed like the ocean tides. One wave reduced company personnel and hired outside counsel to obtain a net fiscal gain. Unfortunately, that wave […]