RAF Enterprises, LLC, et al., v. Trident, LLC, et al., A098529, Feb. 14, 2005 (2005 WL 348955). 

 Mr. Smith was lead appellate counsel for plaintiff in this case of intentional interference with contract.  The trial court, after a jury trial, entered judgment that defendant intentionally interfered with plaintiff's contract with a third party to acquire two prime-location Sausalito restaurants.  The trial court awarded compensatory damages for past and future lost profits of $9.5 million and punitive damages of $45,000.  The Court of Appeal affirmed this judgment in full.
 View Mr. Smith's Respondent's Brief: 2004 WL 1513765.

Elsner v. Uveges (2004) 34 Cal.4th 915.

 Mr. Smith was lead appellate counsel for plaintiff in a case involving the admissibility into evidence of Cal-OSHA safety regulations for the construction of scaffolds.  The California Supreme Court held that, in a worker's suit against a third party, Labor Code 6304.5 renders Cal-OSHA safety standards admissible to create a duty and to define the content of that duty under the doctrine of negligence per se.  The Supreme Court reversed the contrary decision of the Court of Appeal.
 View Mr. Smith's Petition for Review: 2003 WL 2301800.

Hangarter v. Provident Life and Acc. Ins. Co. (9th Cir. 2004) 373 F.3d 998. 

 Mr. Smith was lead appellate counsel for plaintiff in this bad faith disability insurance case.  The District Court entered judgment for plaintiff, a disabled chiropractor, based on evidence that the defendant insurer had denied disability benefits in bad faith and maliciously, awarding $1.5 million in compensatory damages and $5 million in punitive damages.  The Ninth Circuit Court of Appeals affirmed the District Court's judgment for plaintiff.

Henley v. Philip Morris Inc. (2004) 114 Cal.App.4th 1429; 2004 cert. petition pending, Phillip Morris v. Henley, (U.S.S.Ct. No. 04-816). 

 Mr. Smith was lead appellate counsel in the California courts for plaintiff Patricia Henley, a smoker induced by Philip Morris's fraud to start smoking at age 15 in 1962, developing lung cancer in 1998.  The trial court found Philip Morris liable for compensatory damages of $1.5 million and punitive damages of $25 million.  The Court of Appeal affirmed the compensatory damages award of $1.5 million and affirmed the punitive damages award, after reducing it from $25 million to $9 million in compliance with State Farm v. Campbell (2003) 538 U.S. 408, decided pending appeal. 

 The California Supreme Court at first granted Philip Morris's Petition for Review, but on September 15, 2004, granted Mr. Smith's motion to dismiss review, making the decision final in the courts of California.  View Mr. Smith's Respondent's Brief: 2000 WL 34229042.