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Areas of
Practice
Real Estate Litigation, Business Litigation,
Professional Liability Defense
Education
J.D., Norman Adrian
Wiggins School of Law, Summa Cum Laude, Campbell University, 1998
B.A., North Carolina State
University, 1994
Profile
Josh’s practice is devoted entirely to
litigation and trial work in the areas of real estate, business, and
professional malpractice.
In his real estate practice, Josh regularly
represents real estate firms, brokers, and salespersons in a wide number of
matters, including commission disputes, matters before the local and state
licensing boards, and suits alleging fraud and negligence against listing
and selling agents.
His business litigation practice involves a
wide variety of business-related disputes, including breach of contract,
unfair trade practices, misappropriation of trade secrets, breaches of
covenants not to compete, and defamation.
Josh also has a significant amount of
experience in representing professional liability insurance companies and
their insured in legal and real estate malpractice actions.
Recent
Cases of Note
Harris v. Matthews, 361 N.C. 265, 643 S.E.2d 566 (2007)
- Counsel for church
pastor in lawsuit arising from internal church governance dispute. The
plaintiffs, representing the minority of the congregation, sued the
pastor and other church officials for alleged mismanagement of church
resources. Successfully argued to the North Carolina Supreme Court that
the trial court did not have jurisdiction over the case, as the First
Amendment prohibits involvement in matters of religious doctrine and
practice.
Lombardo v. Davis, (Gaston
County Superior Court, 2006)
- Counsel for real
estate agents accused of improperly coordinating inspections and repairs
of home and deceiving buyers as to the condition of the home.
Gough v. Bernhardt & Strawser, P.A., 2006
U.S. Dist. LEXIS 47785 (M.D.N.C., June 30, 2006)
- Counsel for law
firm and
attorneys accused of violating Fair Debt Collection Practices Act.
Obtained dismissal of all allegations on behalf of clients
Lee
v. Wike, (Alexander County
Superior Court, 2002-2005)
- Counsel
for national poultry processor in suit against it and local chicken
farmers. Suit alleged that two chicken houses constituted a
nuisance and a trespass to the plaintiffs' property, resulting in
adverse health effects. After a three-and-a-half week trial,
obtained a jury verdict for client on all counts.
Contract 2000, Inc v. The Lake Norman Company
(Mecklenburg County Superior Court, 2004)
- Counsel for large interior design firm
that was wrongfully terminated from an upscale restaurant renovation
project. Obtained jury verdict in favor of client.
Professional
and Community Activities
North
Carolina Bar Association
Frequent
speaker at seminars involving Fair Debt Collection Practices Act, Fair
Credit Reporting Act, Small Claims Court in North Carolina, Remedies for Bad
Checks, and North Carolina Construction Lien Law
Notable
Accomplishments
Valedictorian,
The Norman Adrian Wiggins School of Law, Campbell University.
Publications
“Battle Over Earnest Money, State Appeals
Court, Legislature Weigh In on Disputes,” Realtor® Reflections, July, 2007
"Indemnification
Clauses – Better Safe Than Sorry" - April 6, 2004 Construction
Headline News, Global Construction and Engineering Headlines.
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