About

Mike Myers 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 eighteen approved class action settlements, including the Wal-Mart and Fina Oil “dead peasant” insurance cases. He has argued before the United States Courts of Appeals for the Tenth and Fifth Circuits in landmark cases involving life insurance and personal privacy rights. A substantial part of his practice concerns corporate-owned life insurance and his cases have been reported in THE WALL STREET JOURNAL, U.S. NEWS AND WORLD REPORT, and internationally in LEMONDE’S March 18, 2003 article Les Mortelles Combines Des Patrons Américains. Mike is frequently used as a media resource on the topics of insurance and annuities. He has appeared in the NATIONAL LAW JOURNAL and on CNN’s Prime News with Erica Hill to discuss life insurance issues and consulted on the documentary film SiCKO.

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 a United States Army explosive ordnance detachment. Mike was named a “rising star” lawyer by Texas Lawyer magazine in 2006 and one of Houston’s top attorneys by H-Texas magazine in 2008 and 2009.

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 Courts of Appeal for the 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.

EDUCATION:

  • The University of Texas School of Law, J.D. 1994
  • Texas A&M University, B.B.A. 1991

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).

REPORTED CASES:

  • 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.).

TELEVISION APPEARANCES AND NEWS ARTICLES:

  • Prime News with Erica Hill, CNN, July 3, 2007.
  • 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.