- John D. Poetzsch as Administrator of the Estate of Spencer Mims III and Spencer Mims Jr. v. J.B. Donaldson et al (2018).- Obtained favorable jury verdict ($100k) after defending a police officer in lawsuit claiming negligence, wrongful death and negligent infliction of emotional distress after a mentally ill man was shot and killed.
- Harris v. Gorrod et al., 3:16-CV-00146-GCM, 2017 WL 3402081, at *1 (W.D.N.C. Aug. 8, 2017), appeal dismissed sub nom., Harris v. City of Charlotte, 706 Fed. Appx. 812 (4th Cir. 2017)- Obtained dismissal of all claims against my client, including §1983 claims for unreasonable search and seizure under the Fourth and Fourteenth Amendments, Conspiracy to Violate Civil Rights, Failure to Intervene Pursuant to Section 1983, Assault, Intentional Infliction of Emotional Distress, Felonious Restraint, Kidnapping and Negligence and Gross Negligence
- Laba v. Copeland, 2016 WL 5958241- Obtained dismissal of all claims, including §1983 claims for unreasonable search and seizure under the Fourth and Fourteenth Amendments, assault and battery, false arrest and illegal imprisonment, malicious prosecution, intentional infliction of emotional distress, negligent infliction of emotional distress and punitive damages
- Funderburk v. Coley, No. 1:15-CV-275, 2015 WL 8179542, at *1 (M.D.N.C. Dec. 7, 2015)- Obtained dismissal of all claims alleged against my clients for violations of state and federal constitutional rights
- Universal Cab Co. v. City of Charlotte et al., 2015 WL 966302- Obtained dismissal of all claims alleged against my client, including claims for breach of contract, breach of the covenant of good faith and fair dealing, interference with contract, restitution, civil conspiracy, RICO and Unfair and Deceptive Trade Practices claims
- Massey v. Ojaniit et al., 759 F.3d 343, 347 (4th Cir. 2014)- Obtained dismissal of all claims alleged against my client including § 1983 claims for violation of due process under the Fifth and Fourteenth Amendments, unreasonable seizure and malicious prosecution under the Fourth and Fourteenth Amendments and conspiracy to contravene his constitutional rights and state law claims of obstruction of justice, false imprisonment, malicious prosecution, and conspiracy
- HealthPrime, Inc. v. Smith/Packett/Med-Com, LLC, 428 F. App’x 937, 939 (11th Cir. 2011)- Served as local counsel and obtained dismissal of plaintiff’s claims for breach of contract, conversion, misappropriation of corporate funds, and fraud based on statute of limitations
- In the Matter of J.A.P. and I.M.P., 189 N.C.App. 683, 659 S.E.2d 14 (2008)- Served as guardian ad litem for minor children and obtained favorable ruling for juveniles and for future cases as Court held that where a juvenile’s guardian ad litem is represented by an attorney advocate, service of the summons on the attorney advocate constitutes service on the guardian ad litem and service on the guardian ad litem constitutes service on the juvenile, which is sufficient to establish subject matter jurisdiction when combined with naming the juvenile in the caption of the summons
- Defeat the Beat, Inc. v. Underwriters at Lloyd’s London, et al., 194 N.C.App. 108, 669 S.E.2d 2d 48 (2008)- Obtained summary judgment for underwriter sued by insured under event cancellation insurance policy for damages allegedly suffered due to cancellation of event
- Hughes v. Rivera Ortiz, et al., 187 N.C.App. 214, 653 S.E.2d 165 (2007) and Hughes v. Rivera Ortiz, et al., 362 N.C. 235, 659 S.E.2d 732 (2008)- Obtained favorable jury verdict ($1) for physician sued for negligence and related claims by a patient and obtained affirmance of the verdict in both the North Carolina Court of Appeals and the North Carolina Supreme Court and participated in oral arguments in front of the North Carolina Supreme Court
- In Re Pedestrian Walkway Failure, 173 N.C.App. 254, 618 S.E.2d 796 (2005)- Obtained dismissal of action based upon discovery violations by plaintiff
- Kennedy v. Speedway Motorsports, Inc., et al., 178 N.C.App. 314, 631 S.E.2d 212 (2005)- Obtained dismissal of claims for negligence and breach of contract based upon the statute of limitations and statute of repose
- Jacobs v. Physicians Weight Loss Centers of America, Inc. et al., 173 N.C.App. 663, 620 S.E.2d 232 (2005)- Obtained dismissal of claims for intentional interference with fiduciary relationship, “pharmacy of choice” statute violation and RICO
Cases or matters referenced do not represent the lawyer’s entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicted based upon a lawyer’s or a law firm’s past results. Prior results do not guarantee a similar outcome.