Michael D. Myers
Mike has a national law practice involving class actions and commercial litigation at both the trial and appellate levels. He has been counsel in cases involving twenty-three approved class action settlements, including the Wal-Mart, American Greetings and Fina Oil "dead peasant" insurance cases. He has argued before United States Circuit Courts and state appellate courts in landmark cases involving life insurance and personal privacy rights. During November of 2015, Mike was named national litigator of the week by American Law Media for his role in the case ClearCorrect Operating v. International Trade Commission.
Mike Myers talking about Dead Peasant Insurance on CNN's Prime News with Erica Hill.
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Good Morning America clip of Mike Myers addressing issues with corporate owned life insurance.
Watch the Video »Several of Mike’s noteworthy cases have been reported in THE WALL STREET JOURNAL, NEW YORK TIMES, U.S. NEWS AND WORLD REPORT, FORBES, and internationally in LE MONDE’S “Les Mortelles Combines Des Patrons Américains.” Mike has appeared on Good Morning America and CNN’s Prime News with Erica Hill to discuss life insurance investment issues. Several of Mike’s cases are described in the 2011 nonfiction book “Retirement Heist, how companies plunder and profit from the nest eggs of American workers.” Mike also consulted on the documentary film SiCKO and appears in the documentary film Capitalism: A Love Story.
Before forming McClanahan • Myers • Espey, Mike was a partner with the Houston, Texas litigation boutique McClanahan & Clearman, L.L.P. where he practiced for thirteen years. He is a graduate of the University of Texas School of Law and Texas A&M University and a former member of the United States Army’s 48th Explosive Ordnance Detachment (EOD). Mike was named a “rising star” lawyer by Texas Lawyer magazine in 2006 and one of Houston’s top attorneys by H-Texas Magazine from 2008 to the present.
Education
- The University of Texas School of Law, J.D. 1994
- Texas A&M University, B.B.A. 1991
Bar Admissions
Mike is licensed to practice law in Colorado, New York, Oklahoma and Texas. He is also admitted to practice in the United States Supreme Court, United States Courts of Appeal for the Federal, Fifth, Tenth, and Eleventh Circuits, United States District Courts for the District of Colorado, Northern, Southern, Eastern and Western Districts of Texas, and the Northern District of Oklahoma.Reported Cases
- ClearCorrect Operating, LLC v. Int'l Trade Comm'n, 819 F.3d 1334 (Fed. Cir. 2016);
- ClearCorrect Operating, LLC v. Int'l Trade Comm'n, 810 F.3d 1283 (Fed. Cir. 2015);
- Align Tech., Inc. v. Int'l Trade Comm'n, 771 F.3d 1317 (Fed. Cir. 2014);
- Richard v. Wal-Mart Stores, Inc., 559 F.3d 341 (5th Cir. 2009);
- Meadows v. Hartford Life Insurance Company, 492 F.3d 634 (5th Cir. 2007);
- Tillman v. Camelot Music, Inc., 408 F.3d 1300 (10th Cir. 2005);
- Mayo v. Hartford Life Insurance Company, 354 F.3d 400 (5th Cir. 2004);
- Sandwich Chef of Texas, Inc. v. Reliance National Indemnity Insurance Company, 319 F.3d 205 (5th Cir. 2003);
- DeLeon v. Lloyd’s London, 259 F.3d 344, 350 (5th Cir. 2001);
- Specht v. Maximus, Inc., 526 F.Supp.2d 740 (W.D. Tex. 2007);
- Clower v. Orthalliance, Inc., 337 F.Supp.2d 687 (N.D. Ga. 2004);
- Mayo v. Hartford Life Insurance Company, 220 F. Supp.2d 794 (S.D. Tex. 2002);
- Mayo v. Hartford Life Insurance Company, 220 F. Supp.2d 714 (S.D. Tex. 2002);
- Mayo v. Hartford Life Insurance Company, 214 F.R.D. 465 (S.D. Tex. 2002);
- Mayo v. Hartford Life Insurance Company, 214 F.R.D. 458 (S.D. Tex. 2002);
- Sandwich Chef of Texas, Inc. v. Reliance National Indemnity Insurance Company, 202 F.R.D. 212 (S.D. Tex. 2001);
- Sandwich Chef of Texas, Inc. v. Reliance National Indemnity Insurance Company, 111 F. Supp.2d 867 (S.D. Tex. 2000);
- Liberty Mut. Ins. Co. v. Texas Dep't of Ins., 187 S.W.3d 808 (Tex.App.--Austin, pet. denied).
- Wall Street Deli, Inc. v. Boston Old Colony Ins. Co., 110 S.W.2d 67 (Tex. App.—Eastland 2003, no pet.);
- Torrez v. Winn-Dixie Stores, Inc., 118 S.W.3d 817 (Tex.App.—Fort Worth 2003, pet. dism’d);
- Certain Underwriters at Lloyd’s, London v. Smith, 77 S.W.3d 859 (Tex. App.–Houston [14th Dist.]), withdrawn, 93 S.W.3d 657 (Tex. App.–Houston [14th Dist.] 2002);
- Tamez v. Lloyd’s London, 999 S.W.2d 12 (Tex. App.–Houston [14th Dist.] 1998, pet. denied);
- Stillwagoner v. Travelers, 979 S.W.2d 354 (Tex. App.–Tyler 1998, no pet.)
Significant Class Action Cases
- Cause Number 02-CV-944-EA(M); Lewis v. Wal-Mart Stores, Inc., in the United States District Court for the Northern District of Oklahoma (a case involving the certification of a plaintiff class for settlement of $5.097 million, from which approximately $1.7 million was awarded for attorneys’ fees and expenses);
- Cause Number. E 170245; Payne v. Fina Oil and Chem. Co., in the 172nd District Court of Jefferson County, Texas (a case involving the certification of a plaintiff class for settlement of $4 million, from which $1.33 million was awarded for attorneys’ fees and expenses);
- Cause Number H01-2139; Mayo v. Hartford Life Insurance Company, in the United States District Court for the Southern District of Texas, Houston Division, (a case involving the certification of a plaintiff class for settlement of $10.362 million, from which $3.454 million was awarded for attorneys’ fees and expenses);
- Cause Number 97-08264; Travelers Indemnity Company of Connecticut v. Texas Workers’ Compensation Insurance Facility; in the 250th Judicial District Court of Travis County, Texas, (a case involving the certification of two classes for settlements of approximately $69 million, from which approximately $8.6 million was awarded for attorneys’ fees and expenses);
- Cause Number 91-05637; Weatherford Roofing Company, et al. v. Employers National Insurance Company, et al.; in the 116th Judicial District Court of Dallas County, Texas, (a case involving the certification of 14 plaintiff classes for settlements of approximately $208 million, from which approximately $69 million was awarded for attorneys’ fees and expenses).
- Civil Action No. 06-CA-0930; I-20 Seagoville Partners v. Clear Channel Outdoor, et al., in the United States District Court for the Western District of Texas (a case involving the $1.2 million settlement of a nationwide class, from which $400,000 was awarded for attorneys' fees and expenses).
News Articles, Television and Film Appearances
- Capitalism: A Love Story, October 2, 2009
- Good Morning America, October 2, 2009
- Prime News with Erica Hill, CNN, July 3, 2007
- Court Skeptical Trade Body Has Oversight of Digital Transmissions, THE WALL STREET JOURNAL, August 11, 2015
- Movie, Web Sectors Braced for Court Ruling on Digital Transfers, BLOOMBERG, August 11, 2015
- A Case With Teeth? Federal Circuit to Review ITC Jurisdiction Over Digital Articls, FORBES, August 3, 2015
- U.S. Puts Teeth Into Digital Dispute, THE WALL STREET JOURNAL, August 3, 2015
- An Employee Dies, and the Company Collects the Insurance, NEW YORK TIMES, June 23, 2014
- Million-Dollar Check, Widow Got Nome, THE WALL STREET JOURNAL, February 24, 2009
- Secret life insurance triggers suits, NATIONAL LAW JOURNAL, January 30, 2009
- Policies offer small business a credit lifeline, INVESTMENT NEWS, December 14, 2008
- Attorney: Wal-Mart Collected on Deaths, TAMPA TRIBUNE, July 3, 2007
- Wal-Mart Settles Insurance Lawsuit, ST. LOUIS POST-DISPATCH, December 6, 2006
- Wal-Mart: Class-Action Lawsuit Settled, TULSA WORLD, December 5, 2006
- Betting on the Lives of Teachers, HOUSTON CHRONICLE, December 11, 2003
- Teacher Pension Proposal Criticized, HOUSTON CHRONICLE, December 5, 2003
- Les Mortelles Combines Des Patrons Américains, LEMONDE, March 18, 2003
- ‘Issue of Right and Wrong’ Lawmakers Offer Up Bills on ‘Dead Peasant’ Policies, HOUSTON CHRONICLE, December 12, 2002
- Law Firm Sees Niche in ‘Dead Peasant’ Policy Defense, HOUSTON CHRONICLE, August 16, 2002
- Better Off Dead?, U.S. NEWS & WORLD REPORT, May 6, 2002
- ‘Dead Peasant’ Policies Benefit Top Executives, HOUSTON CHRONICLE, April 24, 2002
- Convenience Store Chain Paying to Settle Suits on Secret Policies, HOUSTON CHRONICLE, April 19, 2002
- Worker Dies, Firm Profits – Why?, WALL STREET JOURNAL, April 19, 2002
- Profiting From Death?, HOUSTON CHRONICLE, April 16, 2002
- 14th Court Buries Stop N Go Death Policy, TEXAS LAWYER, January 25, 1999
- Insurers to Settle Class Action Suit, WORKERS’ COMPENSATION REPORT, July 6, 1998