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Litigation
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The trial attorneys
in our Litigation Department regularly practice
before the North Carolina and federal trial
and appellate courts. We also have experience
representing clients in matters pending
before administrative agencies and professional
licensing boards. We are engaged in an active
trial practice and specialize in the areas
of complex business and commercial litigation,
employment litigation, professional liability
and medical malpractice defense, insurance
defense, construction litigation and other
areas of civil litigation.
Select a Category
:
CORPORATE
AND BUSINESS
The
Litigation Department supports and represents
the firm's diverse business clients whenever
they become involved in litigation. We have
successfully handled cases involving contract
disputes, shareholder derivative actions,
taxation matters, real estate disputes,
estate and trust litigation and virtually
every type of business dispute that may
arise between corporations and their clients,
customers or competitors.
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COMMERCIAL
Clients of our firm's
Real Estate and Banking practice area have
the resources of our experienced and aggressive
litigators for complex commercial cases
involving lender liability, real estate,
collections, bankruptcy, leasing cases and
other financial disputes.
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CONSTRUCTION
Our firm maintains a strong and diverse
construction practice that includes litigation,
arbitration, and administrative hearings.
In conjunction with our firm's Real Estate
department, we offer a broad range of services
to developers, owners, general contractors,
subcontractors and suppliers. Our services
range from the negotiation and drafting
of agreements to handling lien, bond, subcontractor
and owner disputes through litigation, mediation
or arbitration in state and federal courts.
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EMPLOYMENT
Our firm primarily represents the employer’s
interest in the full range of employment
matters, including not only counseling but
also litigation of employment discrimination
cases, investigation and defense of sexual
harassment claims, occupational safety and
health citations, wage and hour investigations
and disputes, Employment Security Commission
issues, covenants against competition, and
ERISA questions. We provide support to the
firm's Business Department in the areas
of employment contracts, wage and hour plans,
employee benefit and pension issues and
other employment matters. We also represent
plaintiffs in employment matters, primarily
based on referrals from other attorneys,
Judges or other clients when such representation
does not create a conflict with our representation
of existing clients.
In addition to handling litigation in state
and federal courts and before administrative
agencies, we work closely with management
to develop and implement effective employment
policies. We are skilled and experienced
in creating employee handbooks, disciplinary
systems, employment contracts and related
materials that minimize the risk of costly
litigation.
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INSURANCE
DEFENSE/PERSONAL INJURY
Our firm regularly handles general
insurance defense, product liability, professional
liability and workers' compensation cases,
including insurance coverage issues. We
are approved counsel for 28 insurance carriers
or groups and are listed in Best’s
Directory of Recommended Attorneys. Litigation
attorneys handling these matters are members
of North Carolina Association of Defense
Attorneys, The Defense Research Institute,
and Litigation Sections of the North Carolina
and American Bar Associations. We also represent
plaintiffs in personal injury matters, based
on referrals from other attorneys, judges,
or other clients, when this representation
does not create a conflict with our representation
of existing clients.
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INTELLECTUAL PROPERTY
Our firm represents
and counsels clients with respect to a broad
range of issues relating to the creation,
protection, and transfer of intellectual
property rights, including representation
of clients in federal and state litigation
of disputes concerning intellectual property.
Our practice in this area involves copyrights,
trademarks, trade dress, trade secrets,
and unfair competition law.
We counsel clients
regarding the evaluation, selection, use,
protection, licensing, and transfer of
trademarks and copyrights. We practice
before the United States Patent and Trademark
Office in preparing and prosecuting applications
for registration of marks and in litigation
involving the registration of marks. We
also counsel clients in all aspects of
protecting trade secrets and other proprietary
information and are involved in drafting
employment agreements, confidentiality
agreements and covenants not to compete.
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MEDICAL MALPRACTICE
DEFENSE
Our firm maintains
an excellent statewide reputation for
the effective and successful representation
of physicians, dentists and other health
care providers and their insurers in the
defense of professional liability claims.
We have successfully defended many physicians
and other health care providers in cases
where plaintiffs were seeking to recover
millions of dollars. One of our clients,
Medical Mutual Insurance Company of North
Carolina, is the largest medical and dental
malpractice liability insurer in North
Carolina. One of our attorneys is one
of only six members of Medical Mutual
Insurance Company of North Carolina’s
"Diamond Defense Team" which
is comprised of attorneys who are considered
to be among the best in the State and
who are often retained to represent physicians
and other health care providers in the
most difficult and complex cases. Our
firm also represents physicians, dentists
and other health care providers at hearings
before their respective licensing boards.
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TITLE CLAIMS AND DISPUTES
Carruthers & Roth, P.A. has substantial experience in complex commercial litigation through its representation of financial institutions as well as many closely held businesses and construction contractors. C&R also has substantial experience in the development, purchase, sale, leasing and financing of virtually all types of commercial properties including apartment complexes, office buildings, shopping centers, industrial parks and senior living communities.
C&R has merged these two disciplines into title claims representation by relying on the transactional experience of its real estate lawyers to review and evaluate title claims for the
purposes of finding efficient and effective resolutions to title claims as a first priority. When a quick resolution is not practical, C&R uses the resources of our real estate litigation practice to map out an effective litigation strategy that is then implemented and pursued by experienced
commercial litigators who work closely with C&R's real estate attorneys to achieve the results desired by its clients. This approach allows real estate attorneys to resolve real
estate issues while drawing on many facets of the firm's expertise in such varied disciplines as real estate law, bankruptcy law, construction law, estate administration law, and of course,
litigation.
Christopher J. Vaughn, a commercial real estate attorney with C&R, leads our title claims and disputes group and coordinates all of the claims work for the firm.
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Richard L. Vanore
Kenneth R. Keller
Jack B. Bayliss, Jr.
Kenneth L. Jones
Michael J. Allen
Norman F. Klick, Jr.
J. Patrick Haywood
Robert N. Young
Rachel Scott Decker
Kevin A. Rust
Paralegals
Catherine K. Winebarger
Ashley D. Johnson
Donna B. Compton
Sandra E. Trousdell
Octavia T. Currence
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