Moore & Van Allen Law Firm, Attorneys

Appellate & Constitutional

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Moore & Van Allen’s experienced appellate lawyers represent appellants and appellees in state and federal appellate courts, including the Fourth Circuit Court of Appeals, the Federal Circuit, and state appellate courts in North and South Carolina.  We regularly handle the appellate work for cases we have litigated at the trial court level—both interlocutory appeals and appeals after final judgment.  Clients also retain us to take over on appeal cases handled by another firm below, typically to appeal an adverse ruling.  We also prepare amicus curiae briefs for clients with an interest in important appellate cases.

Current and recent representations include:

  • Representing a group of Reynolds American’s independent directors before the North Carolina Court of Appeals in litigation regarding Reynolds American’s $27.4 billion acquisition of Lorillard.  The case presents important issues of North Carolina corporations law, including the circumstances necessary for a shareholder to be ruled a controller of the corporation and the effect a ruling of control might have on the legal standard applied to challenged corporate action. 
  • Representing a group of financial institution appellants in both the Fourth Circuit and the North Carolina Court of Appeals against a class of borrowers bringing claims under the North Carolina Consumer Finance Act and other usury-related claims. The federal appeal presented a jurisdictional question involving the scope of the Federal Deposit Insurance Act’s complete preemption of state-law usury claims; the state appeal involved the scope of the Federal Arbitration Act’s preemption of state law after AT&T Mobility LLC v. Concepcion.
  • Representing a trust before the North Carolina Court of Appeals in a matter presenting the question of whether the State of North Carolina’s efforts to tax the income of certain out-of-state trusts violate the United States Constitution’s dormant commerce clause and due process guarantee.  The case, which received national press coverage, presented issues of first impression.
  • Representing Monsanto before the Fourth Circuit in a contractual dispute presenting complex issues of North Carolina law. 
  • Representing Bank of Granite before the North Carolina Court of Appeals in a lender liability dispute under North Carolina law.
  • Representing a group of financial institutions before both the North Carolina Court of Appeals and the North Carolina Supreme Court in a high-profile matter regarding the propriety, under North Carolina contracts law, of agreements to arbitrate disputes individually.
  • Representing a foreign judgment creditor before the South Carolina Supreme Court in a constitutional challenge to the South Carolina Uniform Enforcement of Foreign Judgments Act.
  • Representing a real estate developer before the Fourth Circuit in a dispute involving the potential purchase of commercial property in North Carolina.
  • Representing indigent clients in federal criminal appeals and federal habeas corpus proceedings before the Fourth Circuit.

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