As you work to build your professional and personal future, a lawsuit can be the biggest threat you face—or the best way to protect your interests. The lawyer who represents you can make the difference. Manning Fulton litigators have adopted the same high standards set by our founder and long-time litigation practice leader, Howard Manning, Sr. A North Carolina Superior Court Judge once said of Mr. Manning: "You can’t scare him and you can’t buy him." This principled approach and strong commitment, coupled with the skill, knowledge and experience our litigation lawyers bring to the table, make us effective advocates for our clients, both in and out of the courtroom.

LITIGATION APPROACH

Our trial lawyers are trained to listen first—to understand your goals, concerns and resources. We then give you a frank assessment of the matters you bring to us, along with a plan for achieving the results you seek. Litigation of any sort can be a costly way to resolve a dispute, so we are always prepared to consult with you and opposing counsel to determine whether the conflict can be resolved before entering court. Opposing lawyers know that we are ready and willing to aggressively try your case. That fact, combined with our experience in the negotiation, mediation and arbitration of disputes, means we are often able to help clients reach their objectives more easily and cost-efficiently than at trial.

In the courtroom, we are vigorous advocates for our clients. Whether the matter involves complex business litigation or such personal issues as divorce or injury, Manning Fulton has a team of experienced trial lawyers who provide professional, zealous representation.

LITIGATION STRENGTHS

We represent clients in state and federal courts at all stages of litigation, including appeals. Our areas of practice include:

• Appellate, including state and federal appeals of matters originally handled by other lawyers
• Business and commercial disputes involving contracts, securities, real estate and numerous other issues
• Construction disputes over cost, design error, work quality, non-payment, and various related concerns
• Employment law controversies involving allegations of discrimination, harassment, wrongful discharge and federal labor law violations
• Family issues, focusing on divorce and related custody and asset disputes
• Land condemnation disputes (representing land owners)
• Defense of malpractice claims involving physicians, representing physicians, accountants, engineers, architects and realtors
• Personal injury claims and defense
• Real property litigation involving problems over the sale, purchase, development and financing of projects

APPELLATE

Manning Fulton lawyers have handled hundreds of appeals before federal and state appellate courts. We pursue appeals on behalf of our clients and defend against the appeals of adverse parties. Working with your trial counsel, whether from our firm or another, we handle all aspects of an appeal, from identifying key issues and strategies to preparing and presenting the brief and oral arguments. In addition to traditional appeals from final judgment, our lawyers can handle such special matters as seeking writs of certiorari and filing amicus briefs.

BUSINESS AND COMMERCIAL

Our lawyers represent clients in commercial and business disputes and litigation at all levels of the federal and North Carolina court systems, in administrative proceedings, and in arbitration and other alternative dispute resolution forums. The types of cases we handle include:

• Breach of contract claims between buyers and sellers of goods and services, including claims under the Uniform Commercial Code, warranty disputes, professional services malpractice, employment disputes, and disputes involving franchises, dealers, wholesalers, value-added resellers and others in the distribution chain
• Allegations of unfair trade practices and antitrust violations
• Commercial real estate claims, including breach of real estate sales contracts, title insurance claims, lease disputes, boundary disputes and disputes over realtor and brokers commissions
• Financing controversies involving commercial and real property loans, lender liability claims, claims for usury and other violation of laws regulating lending, foreclosures, evictions and deficiency actions
• Insurance disputes over coverage, declaratory judgments, bad faith and breach of contract, and errors and omissions
• Disputes about the management and control of corporations, limited liability companies, partnerships and other business entities; including the rights and obligations of shareholders, members, and officers and directors of business entities
• Disputes concerning the purchase and sale of business entities and the sale of public securities.
• Controversies over employee benefit plans (profit sharing and pension plans, 401(k) plans, group insurance plans and others), including ERISA, COBRA and HIPPA litigation
• Property tax disputes, including appeals to county boards of equalization and review, the North Carolina Property Tax Commission and the courts regarding the valuation of real property and business personal property, such as machinery and equipment, data processing and other technological equipment and computer software.

CONSTRUCTION

Manning Fulton’s construction litigation lawyers represent clients in the most complex litigation involving private and public construction projects. We have handled residential and commercial construction disputes in state and federal courts, and before various arbitration panels. Our clients include property owners, residential and commercial builders, general contractors and subcontractors in a variety of construction-related claims. Our construction litigators also understand North Carolina lien statutes and case law, and assist contractors and subcontractors in securing payment for construction services by filing liens against the property and the owner’s funds.

EMPLOYMENT

We regularly represent employers and employees in federal and state lawsuits, arbitrations and administrative proceedings relating to employment disputes involving:

• Alleged employment discrimination on the basis of age, gender, race, religion, national origin or disability
• Alleged wrongful discharge in violation of public policy, including whistleblower claims
• The Family and Medical Leave Act (FMLA)
• Employee benefit plans, including ERISA litigation
• Breach of employment contracts
• Enforcement of non-competition and non-solicitation covenants and confidentiality agreements, including wrongful interference against employers for hiring employees who signed restrictive covenants with former employers
• Protection of trade secrets (including customer lists and information) against improper disclosure by former employees
• Alleged negligent or intentional infliction of emotional distress
• Wage and Hour claims

INSURANCE

We have particular expertise representing insurance brokers, agents, third party administrators and adjusters in hundreds of disputes and lawsuits alleging:

• Professional negligence
• Breach of contract
• Unfair trade practice
• ERISA violations
• Breach of fiduciary duty
• Fraud
• Failure to procure insurance
• Misrepresentation or incorrect advice
• Unauthorized binding of coverage
• Improper conduct relating to premium finance loans
• Mishandling of claims

Insurance carriers regularly retain us to defend their clients in federal and state court lawsuits alleging professional errors and omissions and other types of claims.

Examples of lawsuits that we have handled include:

• Representation of a major statewide insurance services firm in federal litigation alleging that it had mishandled the acquisition of National Flood Insurance Program coverage for a multi-building apartment complex. This resulted in denial of a substantial part of the owner’s claim when the complex flooded in Hurricane Floyd. Under threat of our summary judgment briefs demonstrating that the denial of the claim denial arose from a misinterpretation of the policy, the carrier and the Federal Emergency Management Authority (FEMA) abandoned their position and agreed to pay the claim. As a result, the court dismissed all claims against our client.
• Representation of an insurance agent for alleged failure to get insurance for a business property on the North Carolina coast. The North Carolina Supreme Court affirmed judgment in favor of our client.
• Representation of an agent in a federal action for alleged negligence in procuring the wrong insurance for a crane used by a construction company in constructing a bridge across Currituck Sound. The Fourth Circuit court of appeals affirmed judgment in favor of our client.

This comprehensive representation of key players in the insurance industry also enables us to better assist our business and individual clients who have questions or disputes about their insurance. 

Litigation Practice Contact Lawyer: Thomas C. Kilpatrick