Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • B.A., University of North Carolina at Chapel Hill, 1995
  • J.D., University of South Carolina, 2006, cum laude; Order of the Wig and Robe
  • North Carolina, 2006
  • South Carolina, 2007
  • All U.S. District Courts in North Carolina
  • U.S. District Court for the District of South Carolina
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Fourth Circuit
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

Matthew (Matt) D. Lincoln

Senior Counsel
Overview
Representative Matters
News & Events
Professional Affiliations

Matt Lincoln is a civil litigator, and focuses his practice in the areas of commercial litigation, complex contract disputes, complex tort claims, real property and commercial landlord/tenant disputes, Article 2 purchase/sale disputes, security interest disputes, power supply & purchase disputes, lien enforcement, judicial foreclosure, and collection matters. Lincoln has litigated a variety of cases in state and federal courts and in arbitration, including complex contract and tort actions, on behalf of financial services, energy, industrial, and real estate clients.

Prior to obtaining his law degree, Lincoln worked in the magazine publishing industry as a Circulation Manager with The Hearst Corporation.

Of Note

  • Authored “Landowners’ Duty to Guests of Invitees and Tenants:  Vogt v. Murraywood Swim & Racquet Club and Goode v. St. Stephens United Methodist Church,” South Carolina Law Review, Winter 2005 issue (57 S.C. L. Rev. 387)

  • Served as Associate Student Works Editor, South Carolina Law Review
  • Worked as a graduate assistant with the Legal Writing Clinic, South Carolina School of Law
  • Named to the Access to Justice Pro Bono Partners 2013 Pro Bono Honor Roll by Legal Services of Southern Piedmont, Legal Aid of
    North Carolina–Charlotte, and Council for Children’s Rights

Representative Matters

  • American First Federal, Inc. v. Zaria Properties, LLC, 2017 U.S. Dist. LEXIS 94358 (W.D.N.C. 2017).  Obtained summary judgment in favor of lender, defending fraud, breach of fiduciary duty, and Unfair and Deceptive Trade Practices claims in connection with real property loan.

  • South Mississippi Electric Power Association v. Plum Point Energy Associates, LLC (2017).  Successfully defended multi-million dollar breach of contract claims in arbitration involving the use of credits in the construction of a power plant.

  • Thomas v. The Salvation Army Southern Territory, 841 F.3d 632 (4th Cir. 2016).  Successfully argued on appeal for affirmation of district court’s dismissal of housing discrimination claims under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act.

  • Simons v. Wal-Mart Stores East, L.P. and Bank of America, N.A., 2014 U.S. Dist. LEXIS 72969 (D.S.C. 2014).  Defended breach of contract and negligence claims involving check fraud, performing significant discovery and analysis over the course of 2.5 years, and obtained summary judgment as to key issue.
  • Harris v. Lawsin, N.C. Case No. 11-CVS-19255 (2013).  Obtained judgment in contested matter involving loan default by affiliate of lessee restaurant; successfully defended counterclaims regarding tortious interference with contract, conversion of personal property, breach of lease, conspiracy, and Unfair & Deceptive Trade Practices.

  • Brown v. Cavit Scis., Inc., 749 S.E.2d 904 (N.C. Ct. App. 2013).  Obtained North Carolina Court of Appeals’ affirmation of trial court’s denial of motion for relief from $1.9 million judgment, involving claims for breach of contract, fraud, and Unfair and Deceptive Trade Practices.

  • Widenhouse v. Colson, 405 S.C. 55, 747 S.E.2d 188 (2013).  Successfully argued for enforcement of foreign judgment on constitutional grounds over opposition’s contention that enforcement was barred by state statute and public policy.  Also, successfully briefed and argued appeal before the South Carolina Supreme Court, obtaining affirmation.
  • Chubirko v. Better Business Bureau of Southern Piedmont, Inc., et al., No. 3:09-CV-502, 763 F. Supp. 2d 759 (W.D.N.C. 2011).  Successfully defended claims of Sherman Antitrust Act and RICO violations, conspiracy, fraud, libel and defamation, and negligence.
  • Simpson v. Air Liquide America, L.P., et al., No. 3:09-CV-172 (W.D.N.C. 2010).  Successfully defended claims of negligence, strict liability, breach of warranty, and fraud in connection with plaintiff’s exposure to silica and use of products, machinery, and respiratory equipment related to sandblasting, mill and industrial operations.
  • Avista Turbine Power, Inc. v. Rathdrum Power, LLC (2009).  Participated in multi-million dollar arbitration, successfully obtaining award for the owner of a combined cycle electricity generation facility and successfully defending against claims for breach of a power purchase agreement.

Professional Affiliations

  • American Bar Association
  • North Carolina Bar Association
  • South Carolina Bar Association