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Appellate

Appellate


Overview

In today's fast-paced and rapidly evolving legal and business environment, in-depth legal knowledge, creativity, and outstanding written and oral advocacy skills are essential to solve our clients' most difficult legal challenges.  Our attorneys have honed the art of appellate advocacy through countless arguments before the state and federal appellate courts and in other administrative forums.

Board-certified appellate specialist Matthew Nis Leerberg leads the Smith Moore Leatherwood Appellate Team, which offers a wealth of experience, analytical ability, and procedural knowledge.

Our attorneys represent clients through every stage of the appellate process, including identifying cases that may be headed for an appeal, issues preservation, post-trial motions, and interlocutory appeals and writs.  We also advise our clients in understanding whether to take an appeal and the chances of prevailing.

Members of the Smith Moore Leatherwood Appellate Practice Team also produce the North Carolina Appellate Practice Blog, www.ncapb.com, which provides news, information, tips, and resources for practicing law in North Carolina's state and federal appellate courts.

Issues briefed and argued by members of the Appellate Team include:

  • Whether a hospital can be liable for "interfering" with a physician's treatment of a patient
  • Whether indirect purchasers can sue under North Carolina's antitrust and unfair trade practice laws
  • Whether OSHA violations can establish negligence "per se" in a lawsuit brought by an injured worker
  • Whether public school students are constitutionally entitled to an education that meets a minimum standard of quality
  • Whether a neurophysiologist can testify about the cause of a head injury, and if so, in what situations
  • Whether tort plaintiffs have a right to intervene in litigation over liability insurance coverage
  • Whether summary judgment standards govern motions to confirm arbitration awards
  • Whether a psychiatrist can be liable to a former patient based on crimes committed by the patient after the doctor-patent relationship ended
  • Whether a federal court has jurisdiction over state law claims that are factually based on a bankruptcy appeal but otherwise unrelated to the bankruptcy
  • Whether an employee may avoid termination by making claims aimed at circumventing his at-will employment contract
  • Whether one can enforce a service mark on the word "Pinehurst," even when it is part of the name of a town, the "Village of Pinehurst"
Attorneys
NAME TITLE LOCATION CONTACT
Of Counsel
(404) 962-1045
Of Counsel
(404) 962-1065
Retired
(919) 755-8771
Of Counsel
(336) 378-5446
Of Counsel
(864) 751-7607
Partner
(919) 755-8778
Of Counsel
(404) 962-1042
Partner
(336) 378-5352
Of Counsel
(919) 755-8764
Partner in Charge, Appellate Practice Leader
(919) 755-8759
Partner
(864) 751-7688
Partner
(864) 751-7691
Partner in Charge
(704) 384-2630
Associate
(336) 378-5206
Associate
(843) 300-6659
Partner, Labor and Employment Leader
(336) 378-5304
Of Counsel
(919) 755-8790
Senior Associate
(919) 755-8758
Partner, Infrastructure and Development Leader
(919) 755-8741
Partner
(404) 962-1077
Thought Leadership
News

News

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A blog about practicing law in
North Carolina state and federal appellate courts

DISCLAIMER

Each of our lawyer's e-mail address is provided with his or her biography. If you are not a current client of our firm, you should not e-mail our lawyers with any confidential information or any information about a specific legal matter, given that our firm may presently represent persons or companies who have interests that are adverse to you. If you are not a current client and you e-mail any lawyer in our firm, you do so without any expectation of confidentiality. We will not establish a professional relationship with you via e-mail. Instead, you should contact our firm by telephone so that we can determine whether we are in a position to consult with you about any legal matters before you share any confidential or sensitive information with us.