Representative Cases
Aetna Casualty and Surety Company v. P&B Autobody, 43 F.3d 1546 (1st Cir. 1994). Following a four week jury trial, in which Howard was lead counsel for Aetna, the jury awarded damages of approximately $15 million against body shop owners and other participants in an automobile insurance fraud ring. Relying largely on statistical and circumstantial evidence assembled by KVWP, the jury found that 158 accident claims were fraudulent, and that Aetna was entitled to multiple damages under both RICO and Massachusetts State law. The First Circuit's opinion upholding the verdict is a landmark application of the RICO statute to insurance fraud.

Aetna, CIGNA and Metropolitan Life v. National Medical Enterprises, (N.D. Tex. 1993). Together with Marvin Wexler, Howard led a KVWP team against a national psychiatric hospital corporation and the combination of major law firms it had engaged to defend it. Our approach produced a $125 million settlement that was the largest recovery by private plaintiffs in the insurance fraud realm.

Ince v. The Aetna Casualty and Surety Company, (D. Minn. 1998). As lead defense attorney for Aetna, Howard obtained the dismissal of a purported class action complaint alleging RICO claims, claims under state deceptive trade practice acts and common law claims. Howard prevailed on a motion to dismiss the RICO claims, and obtained dismissal of the state law claims on a motion for summary judgment.

Eardly v. IKEA, (Los Angeles, California 1999). Assisted by Kevin Fee, Howard defeated a class action suit, seeking damages under California's private attorney general statute, by persuading the state court to deny class certification and attorneys' fees. KVWP thwarted plaintiff's efforts to represent consumers, who were allegedly deprived of material information concerning defendant's products, by designing and introducing the results of a survey that established consumers' almost universal knowledge of the information that plaintiff supposedly lacked. The denial of class certification was upheld on appeal and the action was then disposed of without any material payments.

Paul, Weiss, Rifkind, Wharton & Garrison v. Koons, (N.Y. Sup. Ct. 2004). Howard obtained summary judgment on behalf of Paul Weiss, obtaining a multimillion dollar award against a world famous artist who had failed to pay legal fees incurred in a prior litigation.

Other Representative Actions Include:

Howard, with Bill Pollard and Kevin Fee, recovered tens of millions of dollars from participants in a kickback scheme orchestrated by public adjustors to multiply insurance payments for residential and commercial property damage.

Recovered $6 million from a hospital that improperly charged intensive care fees for general/surgical patients.

Recovered millions of dollars from clinical laboratories that engaged in schemes to generate bills for unnecessary and unwanted blood tests.

Recovered tens of millions of dollars from a national hospital corporation (other than the corporation mentioned above) that engaged in over-billing for psychiatric patients.

Recovered millions of dollars from contractors engaged in separate kickback schemes in Northern and Southern California.

Successfully defended a libel suit brought against a noted public relations firm.

Won summary judgment on behalf of a noted architectural firm dismissing claims alleging defects in the design of a New York office tower.

Won a jury verdict for an electrical contractor on a million dollar contract claim against the New York Trust Authority.