Regularly advise a NC-based insurer on coverage issues for its insured municipalities and prepare coverage opinion letters.

Represented policyholder seeking coverage under multiple excess insurance policies for damages that occurred as a result of an accidental fire at its chicken processing plant. The case raised issues of first impression about assignment of insurance proceeds in North Carolina and an assignee’s standing to sue an insurer for bad faith. Brakebush Brothers, Inc. v. Certain Underwriters at Lloyd’s of London et al., 20 CVS 367 (Davie County Superior Court) (assigned to NC Business Court).

Represented former Sprint dealers in multiple arbitrations against T-Mobile on claims for fraud and unfair business practices following the merger of Sprint and T-Mobile in 2020.

Represented property owner on claim for first-party coverage under an insurance policy after the collapse of a historical building.

Represented defendant-property owner seeking a defense and indemnity from multiple insurers for litigation alleging that the owner’s activities on its property had caused a sinkhole on the plaintiffs’ adjacent property.

Represented Family Dollar as the plaintiff in a breach of contract and unfair and deceptive trade practices case arising from a vendor’s premature termination of a contract and failure to pay for accrued rebate hours. Family Dollar Operations, Inc. v. Driveline Retail Merchandising, Inc., No. 3:17-cv-00054-FDW-DSC (W.D.N.C.).

Filed litigation on behalf of P&L Development LLC after its supplier failed to provide products under multiple requirements contracts for generic pharmaceutical products. The firm obtained a Temporary Restraining Order and Preliminary Injunction requiring the defendant to ship products to our client. P&L Development LLC v. Bionpharma Inc., No. 1:17-cv-1154-NCT-JLW (M.D.N.C.).

Regularly provide advice and counsel to clients whose claims for insurance coverage have been denied under commercial general liability, professional liability, directors and officers, errors and omissions and other types of insurance policies.

Defended Western Union and related entities in multiple putative class action cases alleging violations of the Fair Debt Collection Practices Act. The firm was successful in obtaining orders of dismissal in all cases. Carmen Woods, et al. v. Santander Consumer USA, Inc., et al., Civil Action No. 2:14-CV-02104 (N.D. Ala.); Contonius Gill and Raymond Bell, et al. v. Western Union Business Solutions (USA), LLC, Civil Action No. 14-CV-1066 (W.D.N.C.); Timmy Fontenot v. Santander Consumer USA, Inc., et al., Civil Action No. H-15-1884 (N.D. Tex.); April Lindblom v. Santander Consumer USA Inc., et al., Civil Action No. 1:15-CV-00990-LJO-BAM (E.D. Cal.); Harold McWhorter and Robert Fielder, on behalf of themselves and all others similarly situated v. Ocwen Loan Servicing, LLC and Western Union Business Solutions (USA) LLC, Civil Action No. 2:15-cv-01831-MHH, (N.D. Ala.).

Represented Tanger Properties Limited Partnership in a lawsuit filed by a former vendor alleging breach of contract and quantum meruit claims. Nitz Graphics Services, Inc. v. Tanger Properties Limited Partnership, et al.. Civil Action No. 18-CVS-4401 (Guilford County Superior Court).

Represented Plaintiff Neusoft Medical Systems, U.S.A., Inc. in a lawsuit involving claims of conversion, violation of the Computer Fraud and Abuse Act, misappropriation of trade secrets, unjust enrichment, and violation of North Carolina’s Unfair and Deceptive Trade Practices Act. The case also had significant issues regarding the enforcement of international arbitration agreements and the relationship between a Chinese medical equipment manufacturer and a U.S. distributor that were appealed to the U.S. Supreme Court. Neusoft Medical Systems, U.S.A., Inc. v. Neuisys, LLC, et al., Civil Action No. 11-CVS-11405 (Guilford County Superior Court).

Defended McGriff Seibels & Williams Inc. (McGriff), a retail insurance broker, against claims of negligence and breach of contract for alleged failure to procure insurance coverage for a client that suffered a fire loss. The wholesale broker and insurance carrier that wrote the policy were also named as defendants, and they asserted cross claims against McGriff. After extensive discovery, the court granted McGriff's motion for summary judgment on the breach of contract claim. A confidential settlement was reached before trial. Foster Apartment Group, LLC v. Certain Underwriters at Lloyd's, London, Colemont Insurance Brokers of Georgia, LLC, and McGriff, Seibels & Williams, Inc., No. 08-CVS-5242 (Forsyth County Superior Court).

Defended Broyhill Furniture Industries, Inc. (Broyhill) in breach of contract claim arising from allegations that Broyhill refused to pay the plaintiff for heat provided to a warehouse used by Broyhill. The case involved novel issues of contract interpretation and damages theories. The court granted Broyhill's motion for summary judgment and denied the plaintiff's motion to amend its complaint to allege extra-contractual theories of recovery, which resulted in a dismissal of all claims against our client. The Court of Appeals, in a 2-1 decision, affirmed summary judgement for Broyhill. The plaintiff appealed to the North Carolina Supreme Court, which issued a unanimous opinion adopting the COA’s majority decision and affirming summary judgment for Broyhill. Micro Capital Investors, Inc. v. Broyhill Furniture Indus., Inc., 728 S.E. 2d 376 (N.C. Ct. App. 2012), aff'd., 736 S.E.2d 172 (N.C. 2013).

Defended BB&T against claims for fraudulent concealment and unfair and deceptive trade practices related to funding it provided for real estate transactions in the Village of Penland. The Court granted BB&T’s motion to dismiss all claims prior to any discovery. Randy A. Carpenter v. Branch Banking and Trust Company, et al., Civil Action No. 13-CVS-239 (Avery County Superior Court).

Represented Lowe’s, its subsidiaries, and one of its individual employees in a case alleging breach of contract, tortious interference with contract, and interference with prospective contract. The plaintiff, a vendor of Lowe’s, alleged that Lowe’s improperly and prematurely terminated its contract for services, which caused it to lose $3 million per year in revenue. Lowe’s successfully enforced the arbitration clause in the contract, and the court sent the case to arbitration. The Arbitrator granted the Defendants’ Motion to Dismiss all claims prior to a hearing on the merits.

Represented ABT Building Products Corp. and ABT Co. Inc., one of the largest manufacturers of building materials in North America, and working with another firm, obtained a jury verdict of more than $18 million in the United States District Court for the Western District of North Carolina (Statesville Division). ABT sought coverage under a three-year umbrella policy issued by National Union with respect to numerous class actions and individual lawsuits alleging defects in hardboard siding manufactured by ABT. The jury awarded our clients $2.5 million for breach of contract, $3.9 million for unfair and deceptive trade practices, $3.9 million for bad faith and $7.5 million in punitive damages for the carrier’s bad faith denial of coverage, misrepresentation of policy terms and failure to effectuate a prompt and fair settlement of the underlying lawsuit. The trial judge trebled the unfair and deceptive portion of the award and granted our clients’ motion for nearly $2 million in attorneys' fees. The Fourth Circuit affirmed. ABT Bldg. Prod. Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, Inc., 472 F.3d 99 (4th Cir. 2006).

Represented Lincoln Financial Media Company as plaintiff in a complex contract matter arising from the merger of Jefferson Pilot Corporation with Lincoln Financial Corporation and a subsequent name change. CBS contended that the corporate transaction extinguished its contractual duty to make promotional payments to Lincoln Financial Media Company. The court entered summary judgment in our client's favor. The Fourth Circuit Court of Appeals affirmed. Lincoln Fin. Media Co. v. CBS Broadcasting, Inc., 316 F. App'x 235 (4th Cir. 2009).

The firm served as co-counsel for Krispy Kreme Doughnuts, Inc. defending claims of breach of contract, fraud, unfair and deceptive trade practices, and other causes of action arising from a decision not to grant area development rights to petitioners in northern California. Arbitration award is confidential.

Defended BB&T against claims of “wrongful foreclosure” and a preliminary injunction related to BB&T’s foreclosure on residential real property and its subsequent resale. The Court granted BB&T’s motion for summary judgment on all claims after limited discovery. One West Bank v. Branch Banking & Trust Co. et al., Civil Action No. 12-CVS-10554 (Guilford County Superior Court).

Represented Universal Underwriters Insurance Company, an insurance carrier, in a dispute with another carrier in a subrogation claim arising from a fire loss where the policy involved a unique question of law concerning drop-down limits for a particular kind of loss.

Represented Lowe’s Companies, Inc. in a suit brought by a former in-store service provider alleging multiple business tort claims, including fraud, negligent misrepresentation, unfair and deceptive trade practices, breach of contract, and copyright infringement arising out of Lowe’s relationship with the service provider and the termination of the provider’s contract. The Court denied plaintiffs’ attempt to take the depositions of multiple Lowe’s executives. After discovery closed, the firm was successful on a summary judgment motion that resulted in the dismissal of 29 of the plaintiffs’ 30 claims. The remaining claim for an unpaid invoice was settled shortly before trial. Performance Sales & Marketing, LLC, et al. v. Lowe’s Cos., Inc., Civil Action No. 5:07CV00140-RLV-DLH (W.D.N.C.).