Alternative Dispute Resolution
Condemnation
Construction
Franchise and Product Distribution
Litigation
 

Construction
Franchise
Real Estate
Warehouse / Distribution
 

JD with honors, 1996, University of North Carolina, Holderness Moot Court, Dean's list

BS with honors, 1993, University of North Carolina, Phi Beta Kappa, Beta Gamma Sigma, Dean's list.

 
 

North Carolina 1996

US District Courts in all districts in North Carolina

US Court of Appeals for the Fourth Circuit

 

View Tom Kilpatrick's profile on LinkedIn
 

Thomas C. Kilpatrick

Direct: (919) 787-8880
Phone: (919) 787-8880
Fax: (919) 325-4612
Email: kilpatrick@manningfulton.com


3605 Glenwood Avenue, Suite 500
Raleigh, NC 27612

Home >> Lawyers >> Thomas C. Kilpatrick


Representative Experience

Tom has substantial experience helping clients to resolve a wide variety of disputes through litigation and alternative dispute resolution. He regularly appears in North Carolina’s state and federal courts.  Tom has also resolved many disputes through arbitrations, mediations and settlement conferences.  He is AV rated in the Martindale-Hubbell Law Directory and has been recognized by North Carolina Super Lawyers as a Rising Star (2009, 2010).   Tom is also a Certified Mediator for Superior Court Civil Actions.

Tom serves as the Practice Group Leader of the firm's litigation practice.  He focuses his practice on commercial litigation, franchise litigation, real-estate litigation, and personal injury and wrongful death cases. 


Specific Matters

  • Served as court-appointed Claims Administrator in class action settlement involving thousands of class members
  • Represented thirteen North Carolina, South Carolina, Virginia and Georgia tobacco warehouses in complex federal civil and U.S.D.A. administrative hearings
  • Represented former officers of management of various publicly-traded corporations to recover substantial stock options and benefits
  • Represented heirs in estate dispute involving partition of thousands of acres of real property
  • Represented bus manufacturer in federal litigation involving defect claims
  • Regularly represents several leading commercial landlords to enforce leases
  • Represented person who developed Chronic Regional Pain Syndrome ("Reflex Sympathetic Dystrophy") after being struck by falling merchandise in major department store to recover for permanent injuries and lost income for the rest of her life
  • Represents executors, caveators, and beneficiaries in numerous Will contests and trust disputes involving claims of undue influence and lack of mental capacity
  • Represented franchisor to enforce its franchise agreements against non-compliant franchisee locations in multi-state litigation
  • Represented chain-restaurant franchisee in dispute with franchisor over illegal marketing scheme
  • Chief legal counsel to several local small and medium size companies providing general business advice on contracts, collections, and employment matters

Professional Activities

  • Association of Trial Lawyers of America
  • American Bar Association
    • Tort Trial and Insurance Practice Section
    • Franchise Section
    • Litigation Section
    • Commercial and Business Litigation Committee
    • Real Estate, Property and Probate Litigation Committee
  • North Carolina Bar Association
    • Litigation Section
    • Dispute Resolution Section
    • General CLE Curriculum Committee
  • Wake County Bar Association
    • Professionalism Committee, Secretary
  • 10th Judicial District Bar
    • Fee Dispute Resolution Committee

Community Activities

  • The Volunteer Lawyers Program of Wake County, North Carolina
    • 1999 Outstanding Volunteer Attorney
  • Providence Baptist Church
    • Deacon
    • Marriage Council
    • Men's Ministry Team 
  • University of North Carolina
    • Chi Psi Alumni Advisory Board

Presentations

  • The Unknown or Inadvertent Franchise, North Carolina Bar Association 2010 Business Law, Corporate Counsel and International Law Practice Sections Joint Annual Meeting, Pinehurst NC, February 2010

Associated News / Events

2006 - It's the Lawyer's Call (pdf) Articles
2009 - Fourteen Lawyers from Manning Fulton Named to North Carolina Super Lawyers List for 2009 News / Press Releases
The Commercial Eviction Action Publications
What Should a Landlord Do When the Tenant Abandons the Premises? Publications
Faison & Gillespie v. Bree A. Lorant
North Carolina Court of Appeals
Reported Cases
Gold Dollar Warehouse v. Glickman
US Court of Appeals for the Fourth Circuit
Reported Cases
Williams v. Estate of Grimes
North Carolina Court of Appeals
Reported Cases

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