Representative Matters

Health Care

  • Represented hospital in negligent credentialing claims brought by patients involving non-employee physician’s privileges
  • Represented hospital in medical malpractice claims involving employee caregivers
  • Represented hospital in medical malpractice claim premised on apparent agency of non-employee physician
  • Represented hospital in fair hearing process following termination of physician's privileges
  • Represented hospitals in contract disputes with service providers
  • Analyzed issues regarding prompt payment discounts for hospital to avoid anti-kickback law and false claims liability.
  • Defended approval of CON for dialysis client in appeal by competitor before the Office of Administrative Hearings and the North Carolina Court of Appeals
  • Represented Medicaid providers challenging recoupment of payments by N.C. Department of Health & Human Services, Division of Medical Assistance, including audits where State extrapolated the results
  • Represented Medicaid behavioral health provider in appeal of decision by local management entity/managed care organization (LME/MCO) in appeal of decision by MCO terminating provider's contract to provide services in catchment area
  • Defended approval of CON for new nursing home by three denied applicants before the Office of Administrative Hearings and on appeal to the North Carolina Court of Appeals
  • Appealed State's denial of CON application by dialysis provider in competitive CON review before the Office of Administrative Hearings
  • Defended approval of CON for ambulatory surgical center in administrative appeals by competing applicants before the Office of Administrative Hearings and on appeal to the North Carolina Court of Appeals
  • Defended approval of CON for MRI provider in administrative appeals by competing applicants before the Office of Administrative Hearings and on appeal to the North Carolina Court of Appeals and the North Carolina Supreme Court
  • Defended State's denial of Certificate of Need (CON) application by physician group for new diagnostic center for client who provides similar services in the service area
  • Represented mobile MRI provider in appeal of State agency order to cease and desist providing services on military base in North Carolina without state agency approval

Real Estate Litigation

  • Litigated numerous claims for breach of retail lease agreements and personal guaranties on behalf of commercial landlords
  • Assisted commercial and residential landlords through the eviction process, including summary ejectment hearings, appeals to district court, and post-eviction issues regarding tenants' property left in premises
  • Reviewed and analyzed lease agreements for both landlords and tenants
  • Assisted commercial landlords with various issues such as prohibited uses by tenants, disputes regarding common areas, unauthorized assignments of leases by tenants, enforcement of tenant exclusivity provisions, nuisances created by tenants, and lien claims on leased premises
  • Represented national retailer at trial challenging landlord's calculation of pass-through expenses provided for in lease
  • Represented commercial landlord on appeal to North Carolina Court of Appeals challenging trial court's decision on landlord's breach of lease claim
  • Represented commercial landlord on appeal to North Carolina Court of Appeals defending trial court's decision on landlord's breach of guaranty claim
  • Represented commercial landlord in lease dispute with tenant where zoning code prohibited tenant's intended use of premises
  • Assisted client with enforcement of judgment lien on properties that had been sold subject to judgment lien
  • Analyzed issues regarding vested rights to continued use in light of zoning ordinance changes
  • Represented general contractor in lien claim on shopping center
  • Represented subcontractor in dispute over claim of lien on funds relating to construction of office building
  • Represented landowners in condemnation proceedings
  • Assisted landowner with claim for inverse condemnation where flooding was created by neighboring project
  • Assisted client in obtaining temporary restraining order and preliminary injunction related to neighboring landowner's blocking of client's easement