Business Litigation, Tort Liability, Insurance Coverage Disputes, Condemnation Proceedings, ECOA Disputes, Contract Disputes

Education  

J.D., Wake Forest University, 1986

B.S., Virginia Polytechnic Institute and State University, 1982

Nick has been trying cases in the state and federal courts of North Carolina since 1987. He has served as lead counsel in jury trials in federal court and in 13 different counties in eastern North Carolina. Nick has been before juries in cases involving negligence, federal migrant labor issues, contract disputes, wills/trusts and real estate. His clients are generally businesses and individuals being sued, but he also represents plaintiffs in negligence and commercial cases.

State of North Carolina v. Trevally, Inc. (NC Ct. of Apps.; 655 S.E.2d 446 (2008))

• Client, an AZ corporation, was sued by NC to recover $250,000 transferred to it by a NC corporation. Trial court dismissed complaint because client was not within the NC's court's jurisdiction. Court of Appeals affirmed in holding that addressed corporate "alter ego" issues and minimum contacts requirement of NC's "long-arm" statute.

• Parties’ settlement agreement based on emails enforced by trial court. Court of Appeals affirmed ruling in a case of first impression.

• Represented landlocked property owner in obtaining a permanent cartway through summary judgment. Court of Appeals affirmed ruling and noted clear establishment of facts by client.

Carroll v. Strickland (No. 01 CVS 1482, NC Court of Appeals, Aug. 2004)

• In representing defendant sued for emotion distress cause by workplace "fake pipe-bomb", we had case dismissed at summary judgment because plaintiff’s expert could not link emotional distress to incident. Court of Appeals affirmed trial court’s ruling.

• Represented farm being sued by employer who died in fire. Summary judgment for farm was reversed on appeal. Obtained low jury verdict in wrongful death case.

• Represented farm being sued by migrant employee. Obtained summary judgment for farm.

• Counsel for physician in contract dispute with hospital. Hospital alleged contract was illegal. Obtained ruling allowing case to go to a jury trial and case settled before trial.

International Association of Defense Counsel

Eastern North Carolina Inn Court

• President, 2005 – 2006
• Charter Member

North Carolina Association of Defense Attorneys

• President, 2004
• Executive Vice President, 2002
• Board of Directors, 1998 – 2001

North Carolina Bar Association

• Co-Chair, Tort Reform Task Force, 2005
• Board of Governors, 2001 – 2004
• Chair, Litigation Section, 1999 – 2000
• Chairman, Public Information Committee, 1997 – 1998
• Chairman, Local Bar Services Committee, 1994 – 1995

North Carolina General Assembly, Civil Litigation Study Commission, Co-Chair, 2000

Ranked among Law & Politics magazine's North Carolina “Super Lawyers,” (Business Litigation) 2006 – 2008

Recognized in The Best Lawyers in America® (Business Litigation) 2003 – 2004, (Commercial Litigation) 2006 – 2008

Recognized in Business North Carolina Magazine's "Legal Elite," (Litigation), 2008

"Civil Litigation Study Commission Recommendations Adopted by the General Assembly", an article written for NC Political Review

"US Supreme Court Clamps Down on Punitive Damages", The Litigator, NCBA Litigation Section, Vol.24, No. 2, March 2004

Ward and Smith (New Bern, NC) 1987 – 1991

Law Clerk to the Honorable Thomas M. Moore, US Bankruptcy Court for Eastern District of NC, 1986 – 1987

Tort Litigation Practice Group, Chair