EVAN J. SMITH

Evan J. Smith, Partner
esmith@brodsky-smith.com

Evan Jason Smith is a founding member of Brodsky & Smith, LLC.  His current areas of practice include Anti-trust Litigation; Civil Rights Litigation, Class Action Securities/Shareholder Derivative Litigation; Commercial Litigation; ERISA Litigation; and Personal Injury Litigation.

He began his legal career as an attorney at a Philadelphia boutique litigation law firm where he worked on complex commercial litigation matters.  Prior to forming Brodsky & Smith, LLC, he was an attorney at a Philadelphia insurance defense law firm in the Premises and Casualty Liability Litigation Department.

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 is particularly proud of being able to convince the court in McCain v. Beverly Enterprises, Inc. CV-02-657 (E.D.Pa.), in May 2002, 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 regarding standard of care 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 statutes.  This case has been cited by many jurisdictions across the country in nursing home neglect litigation.

Upon graduating law school, he served as a judicial law clerk for the Honorable Albert W. Sheppard, Jr. of the Philadelphia Court of Common Pleas, First Judicial District.  He also served as a student law clerk for the Honorable William H. Yohn of the United States District Court for the Eastern District of Pennsylvania and the Honorable John T.J. Kelly, Jr. of the Commonwealth of Pennsylvania Superior Court.

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 also served as a clinical intern at the Philadelphia District Attorney’s Office.  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:

State Courts

Commonwealth of Pennsylvania (1996);
State of New Jersey (1996);
District of Columbia (1999);
State of New York (2002); and
California (2006).

Federal Courts

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 for the Eastern District of Pennsylvania (1998);
United States District Court for the District of New Jersey (1996);
United States District Court for the Southern District of New York (2002);
United States District Court for the Eastern District of New York (2003);
United States District Court for the Northern District of New York (2003);
United States District Court for the District of Colorado (2003);
United States District Court for the Central District of California (2006);
United States District Court for the Eastern District of California (2006);
United States District Court for the Northern District of California (2006); and
United States District Court for the 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 esmith@brodsky-smith.com


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