Civil litigation

The firm has wide ranging experience in handling civil litigation both in federal and state courts.  The attorneys have tried securities cases, civil racketeering cases, contract cases, privacy violation cases, assault cases, defamation cases and even certain animal rights cases.  Several of these civil cases have gone on to appellate review resulting in successful outcomes.

A senior partner has written law review articles and made presentations on civil RICO cases, Rule 11 and trying cases in federal court.

 

Significant Civil Cases:

 

Aikens v. Ingram, United States District Court, Eastern District of North Carolina

Lawsuit against former Adjutant General of the North Carolina National Guard for authorizing the hacking into and pirating of emails from the computer of another officer and firm client serving in a combat zone during Operation Iraqi Freedom.  Two appearances before the United States Court of Appeals for the Fourth Circuit (the second one en banc).  Currently pending in United States District Court.

 

Animal Legal Defense Fund v. Woodley, Lee County, North Carolina District Court

Represented California based Animal Legal Defense Fund in seminal case to close down a "puppy mill", under Chapter 19A of the North Carolina General Statutes.

 

Burroughs Wellcome Co. v. United States Food and Drug Administration, United States District Court, Eastern District of North Carolina

Successfully defended United States Food and Drug Administration in challenge to generic drug policy.

 

CNC Access v. Scruggs, et al, North Carolina Business Court

Represented national corporation in breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and unfair trade practices case.  Heard by Chief Special Superior Court Judge for Complex Business Cases and settled.

 

Grantham & Mann v. ASP, United States District Court, Eastern District of Tennessee

Represented Plaintiff in civil RICO case.  Jury verdict overturned by United States Court of Appeals for the Sixth Circuit and affirmed on appeal.

 

Smith v. McDonald, United States District Court, Middle District of North Carolina; United States Court of Appeals, Fourth Circuit

Represented Defendant in defamation case instituted by unsuccessful candidate for United States Attorney.  Prevailed on appeal.

 

Terry's Floor Fashions v. Burlington Industries, Inc., et al, United States District Court, Eastern District of North Carolina

Represented Plaintiff in litigation alleging anti-trust violations of Sherman Act, the Robinson-Patman Act and the North Carolina Unfair Trade Practices Act.