J. Nicholas Ellis

Partner

Areas of Experience

Services
Business Litigation
Condemnation
Financial Transactions Litigation
General Litigation
Mediation/Arbitration
Tort Litigation and Insurance
Industries
Insurance
Manufacturing

Education

Wake Forest University, JD, 1986

Virginia Polytechnic Institute and State University, BS, 1982

Professional and Community Activities

Fellow, Litigation Counsel of America
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 – 1995North Carolina General Assembly, Civil Litigation Study Commission, Co-Chair, 2000

Recent Publications

Notable Accomplishments

Jurisdictions Licensed

130 S. Franklin St., Rocky Mount, NC 27804	t: 252.972.7115	\|	email
PO Box 353, Rocky Mount, NC 27802-0353	f: 252.972.7045	\|	vcard

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.

Representative Experience

James Garrett v. Randy Parton, et al (2009 - NC Business Court) - We represented country music entertainer Randy Parton in a taxpayer derivative action in which Plaintiff sought to recover more than $15 million for an alleged fraud and conspiracy surrounding the construction and operation of "The Randy Parton Theatre", a Branson, MO-style theater in Roanoke Rapids, NC. The case was filed by the NC Institute for Constitutional Law. We were able to get the case dismissed in its entirety by establishing the plaintiff did not have standing to bring these claims as an individual taxpayer or through a taxpayer derivative theory.

USA vs. Moorman Pine Plantations, L.L.C. (US District Court, July 2008)

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.

read all representative experience

Firm Management Responsibilities

Nick is the Tort Litigation Practice Group's Chair.

Prior Legal Experience

Prior to joining Poyner Spruill, Nick practiced with Ward and Smith in New Bern from 1987 to 1991. Beforehand, he served as Law Clerk to the Honorable Thomas M. Moore, US Bankruptcy Court for Eastern District of NC from 1986 to 1987.