Poyner Spruill’s reputation for advocacy is not limited to trial litigation. The firm’s Appellate Section has extensive experience arguing cases on appeal.
The Appellate Section has litigated hundreds of appellate matters spanning a wide range of industries and issues, often involving the most difficult legal hurdles our clients face. We regularly appear on behalf of clients before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the U.S. Court of Appeals for the Fourth Circuit. In addition to handling direct appeals, the Appellate Section has a wealth of experience arguing for and against discretionary review, and in pursuing and defending against nontraditional routes of appeal. We also routinely pursue and defend appeals of agency decisions on petitions for judicial review.
Our appellate practitioners know that success in appellate litigation is built on a thorough understanding of the appellate process and its decision makers. Many of the attorneys in the Appellate Section have state or federal clerkship experience. This Section also includes a member of the American Bar Association’s Standing Committee on the Federal Judiciary, a former North Carolina Administrative Law Judge, and a former Senior Judge of the U.S. Navy-Marine Corps Court of Criminal Appeals. In addition, the attorneys in this Section are heavily involved in professional activities related to appellate practice. They have served on committees related to the appellate courts, taught law school courses in appellate advocacy, and been frequent presenters on topics related to appellate practice.
Beyond briefing and arguing appeals on the merits, the Appellate Section also serves as a critical resource for the firm on various appellate matters that arise during and after trial. The firm’s team approach to appellate litigation combines the experience of our appellate attorneys with the firm’s various practice groups, resulting in efficient and effective advocacy with demonstrable value to our clients.
Scarborough v. Dillard’s, Inc., 2009 N.C. LEXIS 1287 (N.C. Dec. 11, 2009) (adopting a “clear and convincing evidence” standard for determinations of whether a jury’s punitive damages verdict is supported by the evidence; the Court held that the trial court properly set aside a jury award of punitive damages against an employer sued for malicious prosecution)
Whiteheart v. Waller, 2009 N.C. App. LEXIS 1369, 681 S.E.2d 419 (N.C. Ct. App. Aug. 18, 2009) (holding, for the first time in North Carolina, that the doctrine of in pari delecto [“in equal fault”] is a defense to a legal malpractice claim)
MLC Auto, LLC v. Town of Southern Pines, 532 F.3d 269 (4th Cir. 2008) (holding that the district court properly abstained from exercising federal jurisdiction because the case involved complex issues of North Carolina land use policy)
Champion v. Black & Decker, Inc., 550 F.3d 353 (4th Cir. 2008) (holding that an ERISA plan administrator did not abuse its discretion in terminating the employee’s benefits because it reasonably concluded that the employee’s seizures fell within the definition of a mental health disability)
Harris v. Matthews, 361 N.C. 265, 643 S.E.2d 566 (2007) (holding that the First Amendment precluded jurisdiction over a dispute between a church pastor and a minority of the church’s congregation because the dispute involved matters of religious doctrine and practice)
United States v. Markert, 65 M.J. 677 (N.M. Ct. Crim. App. 2007) (authored by Stu Couch during his service as Senior Judge on the Navy and Marine Corps Court of Criminal Appeals, this decision held that a shooting victim’s parent’s decision to terminate his life support did not constitute an intervening cause of death for which the defendant could avoid criminal liability)
Bio-Medical Applications of N.C., Inc. v. N.C. Dep’t of Health & Human Servs., 179 N.C. App. 483, 634 S.E.2d 572 (2006) (holding that a dialysis firm challenging the construction of our client’s dialysis center had no remedy because it did not request that the Governor amend a report of the State Medical Facilities Plan demonstrating a need for the facility)
Ivey v. Great-West Life & Annuity Ins. Co., 405 F.3d 191 (4th Cir. 2005) (holding that our client was entitled to priority status in a bankruptcy proceeding because the health insurance plan it administered was an employee benefit plan and the debtor's payment of premiums constituted contribution)
Laws v. Priority Trustee Services of North Carolina, LLC, 2010 U.S. App. LEXIS 8815 (4th Cir. 2010) (holding for the first time in the Fourth Circuit that a violation of the ethics rules governing lawyers cannot be used in support of recovery in a civil action in North Carolina; affirming 12(b)(6) dismissal of purported $11 million class action lawsuit against a law firm and the firm it hired to perform foreclosure sales).
Muter v. Muter, 689 S.E.2d 924 (N.C. Ct. App. 2010) (holding that despite the existence of a domestic action between the parties in Ohio, our client was entitled to bring an identical action in his home state of North Carolina, where the substantive law was more favorable).