Evan J. Smith is a founding member of the Firm. Mr. Smith oversees all of the litigation practice groups and has 20 years of experience litigating cases. During his career, he has been appointed class counsel in several class action lawsuits that have secured millions of dollars for the classes he has represented. The following cases are a few highlights of achievements:
In In re Allied Shareholder Litigation, 322639-V, Circuit Court Maryland, Montgomery County, as settlement counsel, he was successful in obtaining a $36M dividend payout to the shareholder class.
In In re Brooklyn Federal Bancorp Shareholder Litigation, 500690/2011, Supreme Court of New York, Kings County, he was able to secure a 9% increase in the merger consideration for the class and a 35% reduction of the termination fee.
In In re Herald National Bank Shareholder Litigation, 651629/2011, Supreme Court of New York, New York County, he was able to secure a 10% reduction in the termination fee and 6 month reduction in the length of time the termination fee would be triggered.
In In re MPG Shareholder Litigation, BC507342, Superior Court of California, Los Angeles County, and In re Furiex Shareholder Litigation,14-CV-6156, Superior Court of North Carolina, County of Wake, he was successful in obtaining the waivers of the “Don’t Ask, Don’t Waive” standstill provisions with potential acquirers, thereby creating a significant opportunity for shareholders to obtain maximum value for their shares in the sales processes of these two companies.
In In re A Million Little Pieces, 06-MDL 1771 (SDNY), he was able to achieve a settlement of $3.5M for a class of consumers who were deceived in purchasing James Frey’s “non-fiction” book. This was the first known class settlement against an author and publishing company relating to claims of consumer fraud in the sale of a book.
He has also been successful in achieving complete accessibility at hundreds of places of public accommodation across the country while securing millions of dollars for classes of individuals with disabilities.
Mr. Smith has argued before the Second and Third Circuit Court of Appeals, and second chaired the trial team that obtained one of the largest jury verdicts in the Commonwealth of Pennsylvania in 2011.
In McCain v. Beverly Enterprises, Inc. CV-02-657 (E.D.Pa.), he was able to reverse the long standing and prevailing case law which precluded injured plaintiffs from bringing a claim for damages under a negligence per se theory against medical facilities for violations of state and federal statutes pertaining to the standard of care owed towards patients. This reversal lowered the burden of proof in civil cases for injured plaintiffs when a governmental agency has found a defendant in violation of state and/or federal standard of care statute. This case has been cited by many jurisdictions across the country in nursing home neglect litigation.
In each year from 2005-2008, he was selected as a Pennsylvania Super Lawyers’ Rising Star (Attorneys Under 40), an honor bestowed upon less than 2.5% of Pennsylvania attorneys.
He received his Juris Doctor from Temple University School of Law (1996) where he was a member of the Moot Court Honor Society and the Political and Civil Rights Law Review. He received his Bachelor of Arts in International Politics and a minor degree in Spanish from Pennsylvania State University (1993).
He is licensed to practice in the following Courts:
Commonwealth of Pennsylvania (1997);
State of New Jersey (1996);
District of Columbia (1999);
State of New York (2002); and
United States Supreme Court (2003)
United States Court of Appeals for the Third Circuit (1998)
United States Court of Appeals for the Second Circuit (2003)
United States Court of Appeals for the Ninth Circuit (2006)
United States District Court – Eastern District of Pennsylvania (1998)
United States District Court – District of New Jersey (1996)
United States District Court – Southern District of New York (2002)
United States District Court – Eastern District of New York (2003)
United States District Court – Northern District of New York (2003)
United States District Court – District of Colorado (2003)
United States District Court – Central District of California (2006)
United States District Court – Eastern District of California (2006)
United States District Court – Northern District of California (2006)
United States District Court – Southern District of California (2006)
In addition to these jurisdictions, he has also been admitted pro hac vice in several matters in both state and federal courts across the country.
Please feel free to contact Evan J. Smith, Esquire at email@example.com or 877-534-2590.