Biography

A North Carolina State Bar Board Certified Specialist in Appellate Practice, Beth has briefed and argued cases in both the North Carolina appellate courts and the U.S. Court of Appeals for the Fourth Circuit. She has also represented clients before the Supreme Court of the United States.

Additionally, Beth assists and counsels attorneys throughout North Carolina in preparing their appeals, complying with rules of appellate procedure and correcting appellate rules violations.

Representative Matters

  • 42 East LLC v. D.R. Horton, 722 S.E.2d 1 (N.C. Ct. App. 2012) (reversal of bench trial judgment involving contract dispute)
     
  • Albright v. Nash County and Morgan v. Nash County, COA No. 11-1530 and 11-1544 (appeals involving rezoning dispute and standing issues) (N.C. Ct. App. 2011 to present)
     
  • Idol v. Idol, No. COA 12-503 (N.C. Ct. App. 2011 to present) (appellate defense of partition of land)
     
  • Tradewinds Airlines, Inc. v. C-S Aviation Services, COA No. 11-739 (2011 to present)
     
  • Hest Technologies, Inc. v. State (N.C. 2011 to present) (challenge to constitutionality of North Carolina sweepstakes law)
     
  • Pittsburg Corning v. McCormick, COA No. 11-349 (N.C. 2011) (appellate defense of preliminary injunction order)
     
  • Vanwijk v. Professional Nursing Servs., 713 S.E.2d 766 (N.C. Ct. App. 2011) (defense of drug testing procedures, which included issues of exhaustion of administrative remedies)
     

  • Pope v. Johns Manville (N.C. Ct. App. & N.C. Supreme Court) (amicus curie in workers' compensation appeal)
     

  • Hatley v. Cont’l Gen. Tire, No. COA10-1527 (N.C. Ct. App. 2011) (workers' compensation appeal)
     

  • Bogovich v. Embassy Club of Sedgefield, Inc., 712 S.E.2d 257 (N.C. Ct. App. 2011) (defense of constructive fraud and unfair and deceptive trade practices judgment)
     

  • Betts v. Lowes Foods, Inc., – S.E.2d – (N.C. Ct. App. 2010) (appellate defense of summary judgment order involving claims of negligence in store’s apprehension of shoplifter)
     

  • Huber Engineered Woods, LLC v. Canal Ins. Co., 700 S.E.2d 220 (N.C. Ct. App. & N.C. Sup. Ct. 2009-2010) (appeal of declaratory judgment order that had required trucking company’s commercial automobile liability insurer to defend and indemnify plant owner in wrongful death action)
     

  • United States v. Rucker (4th Cir. 2010) (appeal vacating and remanding criminal case for resentencing)
     

  • United States v. Lomas (4th Cir. 2010) (challenge to criminal restitution order)
     

  • Pope v. Manville (N.C. Ct. App. & N.C. Sup. Ct. 2010 to present) (represented amicus curiae in workers' compensation appeal)
     

  • Thermal Design, Inc. v. M & M Builders, Inc., 698 S.E.2d 516 (N.C. Ct. App. 2010) (appellate defense of summary judgment order involving sale of construction goods under the UCC)
     

  • Mugno v. Mugno, 695 S.E.2d 495 (N.C. Ct. App. 2010) (challenged on appeal equitable distribution order that had required husband’s corporation to pay ex-wife for personal loan used by husband to pay corporation’s debts)
     

  • Boykin v. Wilson Medical Center (N.C. Ct. App. 2009) (appellate challenge to trial court’s granting of discretionary motion for new trial)
     

  • Professional Vending Services, Inc. v. Michael D. Sifen, Inc. (N.C. Ct. App. 2009) (appeal of default judgment for lack of personal jurisdiction)
     

  • Fletcher v. Bowser (N.C. Ct. App. 2009) (defense of jury verdict in construction case)
     

  • Mangum v. Raleigh Bd. of Adjustment, 362 N.C. 640 (N.C. Sup. Ct. 2008) (appeal challenging zoning board decision)
     
  • Pottle v. Link (N.C. Ct. App. & N.C. Sup. Ct. 2007 to 2008) (appeal involving defense of easements rights)
     
  • NLRB v. BA Mullican Lumber, Co., 535 F. 3d 271 (4th Cir. 2008) (appellate challenge to National Labor Relations Board Order requiring company 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)
     
  • United States v. Newbold (4th Cir. and U.S. Sup. Ct. 2006-2007) (criminal sentencing appeal)
     
  • United States v. Woods (4th Cir. 2005-2006) (appeal of bank robbery conviction and sentence)
     
  • 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)

Before Fox Rothschild

Beth was previously of counsel at Smith Moore Leatherwood LLP, which merged with Fox Rothschild in 2018. She is a former law clerk to the Honorable Malcolm J. Howard of the U.S. District Court for the Eastern District of North Carolina and to the Honorable H. Emory Widener, Jr., of the U.S. Court of Appeals for the Fourth Circuit.

While in law school, Beth was executive notes editor and on the editorial board of Georgia Law Review. She also was a member of the Order of the Coif, was a Presidential Scholar and participated in the University Roundtable Leadership Discussion Forum.

Beyond Fox Rothschild

Beth is a member and past chair of the North Carolina Bar Association's Appellate Rules Committee, which recommends changes to the North Carolina Rules of Appellate Procedure to the Supreme Court, publishes appellate advocacy practice guides and seeks to improve the quality of appellate advocacy in North Carolina.

She is a former chair and an inaugural member of North Carolina’s Appellate Practice Specialization Committee, which creates standards and administers exams to determine board-certified specialists in appellate practice. The seven-member committee is comprised of attorneys and judges with extensive experience in appellate practice.

Honors & Awards

  • Recipient, Howard L. Gum Service Award, 2012
    • Presented by North Carolina State Bar Board of Legal Specialization to a specialty committee member who consistently excels in completing committee tasks
  • Included in a list of Super Lawyers in North Carolina for Appellate Law (2014-2018)
  • Included in a list of Super Lawyers, Rising Stars Edition, in North Carolina for Appellate Law (2010, 2011, 2013)
  • Included in a list of Super Lawyers Top 50 Women Attorneys in North Carolina (2015)
  • Included in a list of Super Lawyers Business Edition for Appellate Law (2014, 2015)
  • Named to Legal Elite for Appellate Law by Business North Carolina (2018)
  • Rated AV Preeminent™ by Martindale-Hubbell®