Representative Cases
American Telephone Utilities Consultants, Inc. v. Beth Israel Medical Center, (Sup. Ct. N.Y. Co. 2005). After a 12 day trial, the jury returned a verdict in favor of the firm's client and dismissed the plaintiff's $3.2 million breach of contract claim.

Long Island College Hospital v. Harris, (D. N.J. 2003). Hired after a client received a $1 million demand from a collection attorney, Kevin uncovered the claimant's fraud, commenced a civil RICO action, invoked New Jersey's attachment statute to freeze the claimant's real property, obtained a judgment, and forced the sale of the real property in a Chapter 7 bankruptcy proceedings.

Levy v. Chubb Corp., 2002 WL 799866 (N.D. Ill. 2002). Kevin obtained dismissal of bad faith claims by establishing that the insurer had a reasonable basis to deny the plaintiff's $4.2 million claim based upon the evidence that the property was destroyed by arson and the plaintiff's powerful financial motive for destroying the property.

Soanes v. Empire Blue Cross Blue Shield, 970 F. Supp. 230 (S.D.N.Y. 1997). Hired to defend an insurer in an action seeking to compel it to pay health insurance benefits to union members, Kevin and Dan Kornstein commenced a civil RICO impleader action resulting in a $26 million judgment in our client's favor, the trial court referring the matter to the United States Attorney, and the criminal conviction of the mastermind of the fraud. United States v. Sprei, 145 F.3d 528 (2d Cir. 1998).

Eardley v. IKEA, (Los Angeles, California 1999). Working with Howard Veisz, Kevin defeated class certification of a false advertising claim under California's private attorney general statute by presenting survey evidence demonstrating that an overwhelming percentage of the population knew and understood the information that the putative class representative allegedly lacked. The denial of class certification was upheld on appeal.

Klein v. Empire Blue Cross and Blue Shield, 1998 WL 336633 (S.D.N.Y. 1998). Working with Dan Kornstein, Kevin defeated a motion to certify a class seeking to determine whether high-dose chemotherapy for breast cancer was experimental by demonstrating that medical issues regarding the appropriateness of the treatment for each class member would predominate. The decision on that motion effectively ended the case.

Slutskaya v. Landau, 250 A.D.2d 594, 672 N.Y.S.2d 248 (2nd Dep’t 1998). Kevin obtained summary judgment, affirmed on appeal, dismissing a premises liability claim against a landlord for injuries inflicted on a tenant by an intruder.

Schrotenboer v. Soloff, 74 N.Y.2d 597 (1989). The New York Court of Appeals accepted Kevin's public policy argument and held that an agreement of immunity from prosecution that was extracted by a father in exchange for his return of his children to their mother, the lawful custodian, was unenforceable.

People v. DeMatteis and Cuadrado, 186 A.D.2d 460, 589 N.Y.S.2d 153 (1st Dep't 1992). Kevin obtained a jury verdict convicting both defendants of murder in the second degree in a contract killing which withstood a challenge on appeal under New York's accomplice corroboration rule. The principal evidence was the testimony of the people who drove the shooter to and from the murder.