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Elizabeth
Brooks
Scherer
Beth Brooks Scherer is a member of the firm's appellate and litigation practice groups. Her primary emphasis is appellate litigation in North Carolina state and federal courts. Ms. Scherer has briefed and argued cases in both the North Carolina appellate courts and the United States Court of Appeals for the Fourth Circuit, and has represented clients before the United States Supreme Court. In addition, Ms. Scherer assists and counsels attorneys throughout the State in preparing their appeals, complying with rules of appellate procedure, and correcting appellate rules violations. She is a member of the North Carolina Bar Association's Appellate Rules Committee, and has authored numerous presentations on avoiding appellate rules violations and effectively presenting cases on appeal.
Education
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J.D., magna cum laude, University of Georgia School of Law, 2000
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B.S., summa cum laude, University of Georgia, 1997
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A.S., 1995, Gainesville College
Admissions
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Georgia, 2000
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North Carolina, 2001
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United States Supreme Court, 2007
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United States Court of Appeals, Fourth Circuit, 2001
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United States District Court, Eastern District of North Carolina, 2001
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United States District Court, Middle District of North Carolina, 2003
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United States District Court, Western District of North Carolina, 2005
Academic Honors
- Order of the Coif
- Executive Notes Editor, Georgia Law Review
- Editorial Board, Georgia Law Review
- Presidential Scholar
- University Roundtable Leadership Discussion Forum
Achievements
- Selected by Law & Politics Magazine for inclusion in North Carolina Super Lawyers-Rising Stars Edition, Appellate, 2010
Professional Memberships
- Wake County Bar Association
- North Carolina Bar Association
- Appellate Rules Committee, North Carolina Bar Association
Experience
- Law Clerk, Honorable Malcolm J. Howard, U.S. District Court for the Eastern District of North Carolina, 2000-2002
- Law Clerk, Honorable H. Emory Widener, Jr., U.S. Court of Appeals for the Fourth Circuit, 2002-2003
Recent Cases
- Mangum v. Raleigh Bd. of Adjustment (N.C. Sup. Ct. 2008 to present) (appeal challenging zoning board decision)
- Pottle v. Link (N.C. Ct. App & N.C. Sup. Ct. 2007 to present) (appeal involving defense of easements rights)
- NLRB v. BA Mullican Lumber, Co, (4th Cir. 2008) (challenge on Appeal to National Labor Relations Board Order to Collectively Bargain with Union)
- White Oak v. Dogwood, Jones v. Harrelson & Smith Contractors, and Selwyn Village Home Owners Association v. Cline & Company, Inc. (N.C. Sup. Ct. & N.C. Ct. App. 2007-2008) defense of cases where appeals were dismissed by the North Carolina Court of Appeals for appellate rules violations)
- Southeastern Shelter Corp. v. Gilfillan, (4th Cir. 2008) (defense of bankruptcy appeal)
- U.S. v. Newbold (4th Cir. and U.S. Sup. Ct. 2006-2007) (criminal sentencing appeal)
- Mann v. American Community Bank (N.C. Ct. App. 2005) (appellate defense of local community bank)
- ARS v. Stuttle (N.C. Ct. App. 2004) (appeal involving alleged violations of employee non-compete clause)
- Bouygues v. Tekelec (EDNC, 2006-2007) (prosecution of international telecommunication claims)
- J.D. v. Masonic Home for Children (N.C. Ct. App. 2005-2006) (appeal of trial court’s venue determination)
Publications
- Co-author, "Know your Audience(s): How to Write Appellate Briefs for Both Judges and Clerks", The Litigator, Vol. 29, No. 2, February 2009
- "Understanding and Avoiding Appellate Rules – Violations in Light of Dogwood", The Litigator, Vol. 29, No. 1, September 2008
- "Dogwood v. White Oak, Are We Out of the Woods Yet?" (Article discussing recent developments of appellate rule violation cases in North Carolina appellate courts – publication in Lawyers Mutual Liability Today, Vol. 30, Issue 2, Summer 2008)
- "Identity Theft Protection Act Protects Employee's Personal Information" – Smith Moore TIP, October 2005
- "Thou Shalt Not Quote the Bible: Determining the Propriety of Attorney Use of Religious Philosophy and Themes in Oral Argument," 33 GA. L. Rev. 1113 (1999)
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