The Business and Municipal Litigation Practice Group provides a wide
range of litigation and dispute resolution services to its clients. Business
litigation services generally fall into one of several categories: contract
disputes, internal corporate disputes among
shareholders, members, or partners, construction
disputes, surety litigation, employment
disputes, and business torts. Litigation services
the Firm provides to counties and municipalities usually involve the defense
of claims based on an arrest or incarceration, an
employment action, a land use
decision, or the improper design and maintenance of
infrastructure. The Business and Municipal Litigation Practice Group
provides a range of related services which are not listed here. Also,
the services listed here may not be described in a way that makes their
relationship to your need apparent. If you are involved in a business
dispute or if the local government you work with is involved in a dispute,
please contact us and one of our attorneys will be happy to discuss your
needs and the Firm's experience in that area with you. Each of the specific
topics identified above is discussed below.
Business Litigation
Contract disputes handled by the Firm are varied and
diverse. The disputes vary in complexity and size, ranging from
simple disputes over a residential real estate transaction to
complex legal and factual issues presented by disputes involving
the quality and character of multi-million dollar computer
systems.
Internal corporate disputes which the Firm handles
usually come in one of two forms: shareholder derivative actions or "corporate
divorce" actions. The Firm has successfully represented both shareholders
and corporations in derivative actions. Similarly, the Firm has helped
a number of persons extricate themselves, or remove business associates,
from businesses which are embroiled in disputes.
The Firm routinely handles construction disputes.
Traditionally, these disputes have involved large commercial projects
for the construction of buildings, roads, or water or sewer systems, often
as counsel to a bonding company which has guaranteed completion of the
work. Recently, the Firm has expanded this portion of its practice to
include disputes involving residential construction.
The Firm's surety litigation is not limited to the
construction issues discussed above. The Firm routinely handles a
variety of other surety issues.
The Firm routinely represents employers in employment
disputes involving wrongful discharge claims, discrimination
claims, harassment claims, and occasionally claims involving
covenants not to compete. The Firm has experience with cases
involving claims based on both State and Federal law.
North Carolina and Federal law recognize a number
of business torts, including claims for unfair and deceptive trade practices
and tortious interference with contract. These cases may also involve
claims for libel or slander. The Firm has successfully litigated cases
involving each of these claims.
Municipal Litigation
Cases involving an allegedly improper arrest or detention
are a regular part of the Firm's Municipal Litigation practice.
The Firm routinely defends police officers, cities, deputy
sheriffs, sheriffs, and counties against unlawful arrest, search,
excessive force in arrest, excessive force in detention, failure
to provide medical treatment, and similar claims.
The Firm routinely provides a defense for local governments
that have been sued because of an employment action. These claims are
similar to employment claims asserted against the Firm's corporate clients;
however, claims against local governments frequently include constitutional
claims and often involve issues of immunity.
Municipal land use actions frequently result in claims that
a landowner's rights have been violated. These cases often
involve constitutional claims that property was taken without due
process, common law vested rights claims, statutory vested rights
claims, and inverse condemnation claims. The Firm regularly
litigates cases involving these issues.
As North Carolina's cities age, claims for improper design
and maintenance of infrastructure have increased. These cases
include claims based on alleged defects in streets, sidewalks,
water mains, sanitary sewer systems, and storm water sewer
systems. The Firm routinely litigates cases involving municipal
infrastructure issues.
