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Practice/Industry Group Overview A successful trip through the appellate landscape begins with the selection of an experienced, knowledgeable guide. Whatever your destination ¿ a state appellate court, a federal court of appeals, or the United States Supreme Court ¿ the Appellate Team at Smith Moore can help you find your way.
Former North Carolina Chief Justice Jim Exum leads the Smith Moore Appellate Team. This group offers a wealth of experience, analytical ability, and procedural expertise. The team works to maximize the likelihood that hard-won victories will be preserved and that trial court errors will be corrected.
The members of the Smith Moore Appellate Team are experts at writing persuasive, tightly reasoned appellate briefs. They know how to avoid the procedural pitfalls that can trap any lawyer who is not closely familiar with the appellate rules. With decades of combined appellate practice experience, the Smith Moore team brings broad and deep expertise to your appeal.
The services of the Smith Moore Appellate Team go beyond cases that have already reached the appellate stage. The team works with trial counsel to analyze complex legal issues in depth and to ensure that adverse trial court rulings are preserved for appeal.
Let the Smith Moore Appellate Team enhance your chances of success.
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"
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