Howarth & Smith
specializes in complex civil actions, including business and
commercial matters, antitrust cases, securities fraud
litigation, legal malpractice, law partnership disputes, class
actions, toxic torts and catastrophic personal injury cases.
The firm's practice, representing both plaintiffs and
defendants, is focused on high-stakes trials and appeals,
including "bet the company" cases. Howarth & Smith is selective
in its client representation, undertaking matters involving
intellectual challenges, serious social concerns and the
opportunity to address groundbreaking legal issues.
The firm has extensive trial experience in State and Federal
Courts throughout the United States.
The firm typically refers routine litigation to other capable
attorneys and firms, many of which it has worked with as
co-counsel over the years. Howarth & Smith encourages close rela tionships
with attorneys and law firms throughout the country, and many of
its clients, which include individuals, corporations, sovereign
nations, and nonprofit organizations, are referred by other
lawyers. The firm also serves as designated trial counsel in
significant cases, where pretrial preparation is handled by
other firms in co-counsel capacity.
A brief listing of some prominent cases demonstrates Howarth &
Smith's remarkable achievements:
Howarth & Smith represented the plaintiff in a 1996 fraud and
breach of contract action against General Dynamics, winning
$107.4 million – the largest jury verdict in California that year.
That year the firm also was responsible for one of the most
notable defense verdicts in the nation in a product liability
action defending Suzuki Motor Corp. Opposing the same counsel
who had obtained a $90 million verdict against Suzuki in a prior
suit, Howarth & Smith's trial strategy led to a defense verdict
after the jury deliberated for three hours.
In 2001 Howarth & Smith tried a two month jury trial in Federal
District court in Denver, in an "Erin Brockovich" type toxic
pollution case, obtaining a $43 million judgment for its clients
against the Cotter uranium mill.
The firm represented the late Doris Duke and played a leading
role in the battle over the billion-dollar estate of the tobacco
heiress, resulting in the removal of the opposing trustees,
preliminary executor and a major banking institution and the
appointment of the firm's client as a trustee of the Estate.
Howarth & Smith represented the wife and son of the original
"Marlboro Man" in their suit against Philip Morris and was
a part of the landmark class action cases against the
tobacco industry, including being a founding member of the Castano Class Action legal team. The firm was also lead trial
counsel for the Government of the Republic of the Marshall
Islands in its action against the tobacco industry to recover
health-care costs incurred because of tobacco use in the
islands.
In one of the largest legal malpractice actions ever filed, the
firm represented a Newport Beach couple, who sued their former
law firm for the alleged mishandling of the sale of the couple’s
$150 million company.
In a two month jury trial in Los Angeles Superior Court in
summer 2004, the firm represented a venture capitalist for
breach of an oral partnership agreement, where claimed damages
exceeded $1 billion.
Another high-profile case involved an antitrust challenge to the
National Football League by the firm's clients - about 20 top
professional NFL football players.
The firm represented a major manufacturer in connection with its
suit for breach of contract and fraud against a company that
failed to properly implement its multi-million dollar enterprise
resource planning system to coordinate inventories, plants,
manufacturing processes and billings.
The firm filed suit against a Pasadena shopping mall,
successfully arguing that the mall's deficient security allowed
two criminals to rape and murder the wife of its client. The
jury returned a $3.6 million verdict in favor of the husband and
against the mall.
In a product liability case, the firm won a $7 million jury
verdict for a man left paralyzed in connection with the use of a
Sears extension ladder sold without adequate safety warnings.
In a breach of oral contract to transfer an equity interest to a
corporate executive, Howarth & Smith obtained a $9 million jury
verdict for the executive.
The firm represented 12 California cities and municipalities in
an action against other municipalities for recovery of $30
million lost in a fraudulent investment scheme.
On the defense side, the firm has represented many corporations
in multimillion dollar suits, including antitrust cases (against
vitamin, catfish, cement and glass container manufacturers), NBA
and NFL stars, high net worth individuals, the Vatican Library
(as custodian of Vatican artwork) and many prominent law firms.
In 2006, the firm served as trial counsel in the defense of a
patent case involving switching jacks for H.D. television,
obtaining a unanimous defense verdict in Federal District Court
after a three week trial.
In addition to representing individuals and corporate entities,
as a part of its practice, Howarth & Smith has handled a number
of class action and mass disaster cases involving a variety of
issues, both on behalf of plaintiffs and defendants.
For example, Howarth & Smith brought a price fixing class action
on behalf of all purchasers of eggs in Southern California. It
was also involved in the silicone breast implant product
liability litigation.
Currently, the firm is part of a consortium of law firms who
filed an action against the terrorists and organizations
believed to be responsible for the September 11 attacks.
Howarth & Smith has also represented defendants in class actions
involving personal injuries, such as Jenkins et al. v. Raymark,
et al., (federal district court, Marshall Division in Eastern
Texas); and in alleged consumer fraud actions, such as Coyle, et
al. v. Westec Security, et al. (Superior Court Los Angeles),
where class certification was defeated.
Howarth & Smith is led by founding partners, Don Howarth and
Suzelle M. Smith. The partners are supported by associates and
experienced legal assistants.
Howarth & Smith's unique accomplishments stem from its partners'
recognized ability to combine strategic thinking, high-quality
legal analysis and persuasive courtroom presence. What further
distinguishes these lawyers is their ability to distill complex
legal issues, technicalities and jargon into understandable and
compelling arguments, enabling juries to grasp relevant issues
and understand the client's position. Howarth & Smith's flair
for crisp, concise communication – coupled with its analytical
skills and mastery of trial strategy - are a potent combination
that makes the firm a powerful force in the nation's courtrooms.
Howarth & Smith has demonstrated that creative attorneys with
the right approach and the right set of skills can provide what
is necessary to succeed in today's legal arena: individualized
trial and appellate advocacy so difficult to find in large firms
with a generic approach.
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