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Representative Matters[1]

CONSTRUCTION & REAL PROPERTY

Litigated pre-trial and negotiated successful resolution on behalf of design-build company of multiple breach of contract claims by owner following completion of $5M warehouse facility; successfully filed and perfected lien claims on behalf of design builder and coordinated with counsel for related general contractor to preserve bargaining power in addressing owners’ claims.

On behalf of luxury condominium developer, litigated, defended, and negotiated successful resolution of claims by and against general contractor whose contract had been terminated for failure to provide require documentation of actual subcontractor costs on a “cost plus” job; successfully defended and ultimately negotiated resolution of multiple lien claim enforcement actions brought by unpaid subcontractors.

Lead counsel in 5 day jury trial in Watauga County Superior Court, representing owners of million-dollar home overlooking the Blue Ridge Parkway in dispute with adjoining landowner concerning easement rights. Obtained verdict in favor of plaintiffs on all but one of 12 issues submitted to the jury.

Successfully represented real estate developer that converted apartments in low income community development zone into condominium units (for purchase by existing tenants, following credit counseling and family financial management training), on appeal of Mecklenburg County Tax Assessor’s erroneous and premature increase in tax value; obtained partial relief from North Carolina Property Tax Commission and further relief by negotiated settlement.

Represented dozens of individual and commercial property owners in successful appeals of erroneous property tax assessments (commercial and residential).

Defended owner/developer of condominium project vs. lien claims filed by subcontractors of general contractor whom owner had terminated for non-performance.

Served as lead counsel for 300+ member HOA in conducting evaluation and investigation of cause of substantial property damage due to water intrusion, and in negotiating favorable settlement and repair plan with condominium developer and general contractor.

 

CORPORATE SHAREHOLDER AND SECURITIES DISPUTES

Successfully engaged in pre-arbitration discovery and negotiation of payment in full of multi-million-dollar claim by business inventor/seller for wrongful non-payment of earned compensation due and owning under terms of asset purchase agreement.

Litigated in NC Business Court and negotiated on behalf of LLC a favorable resolution of former LLC member’s claims for breach of dissolution agreement, breach of settlement agreements, and breach of fiduciary duties for non-payment of sums allegedly owed to cover former member’s tax liability in year of purchase.

Assisted physician to negotiate a resolution of multiple disputes concerning her and her former practice partner’s alleged non-performance of shareholder dissolution agreement.

 

WILLS & ESTATES:

Represented 4 heirs at law in preventing step-mother’s attempted deathbed conversion of $90,000 in funds held by their deceased father in individually-titled bank account, per lawfully executed ante-nuptial agreement, as well as negotiation and favorable resolution of remaining disputes regarding property rights of step-mother in real and personal property.

 

COMMERCIAL CONTRACT DISPUTES

Obtained summary judgment in an amount in excess of $8M (as well as order of claim and delivery, or replevin, seizing entire dealership inventory) in favor of national automobile floor plan financing company against former owner/dealer who had defaulted on floorplan financing agreement and other obligations.

Defended major automobile dealership against potential claims of fraud involving former employee’s participation in scheme to defraud automobile financing companies and dealership; assisted U.S. Secret Service agents with 3 year investigation of criminal acts perpetrated on dealership and lenders by former employee and his co-conspirator; supervised location, replevin, and recovery of multiple vehicles fraudulently obtained; and cooperated with federal prosecution, conviction, and sentencing of perpetrator to maximum active sentence.

Successfully litigated and/or negotiated resolution of multiple contested property takings on behalf of national telecommunications company pursuant to North Carolina’s “quick take” statute.

Negotiated favorable pre-trial settlement of private lender’s claims vs. borrower/business owner for non-payment of $150,000 business development loan, primarily by demonstrating through discovery that borrower had manufactured and falsified purported evidence of cash payments.

Negotiated favorable resolution of contract dispute between race car driver and sponsor who had agreed to provide labor and materials in exchange for driver’s endorsement and display of sponsor logo.

 

COVENANTS NOT TO COMPETE:

Obtained preliminary injunction on behalf of ceiling and fire protection systems contractor vs. former employee who had executed 1 year non-compete agreement, followed by successful dismissal of appeal based on mootness.

Obtained preliminary injunctions (and ultimately a favorable settlement) on behalf of property management company against former sales director who had formed competing company on employer’s time and using employer-provided resources.

Assisted numerous employees and executives purportedly bound by non-completes to defend their rights to work for their new employers, either by demonstrating unenforceability of the covenant-not to compete in question, or by negotiating a favorable buyout of any enforceable obligations.

 

EMPLOYMENT LAW AND EMPLOYMENT DISCRIMINATION:

Obtained summary judgment for hotel property management group on claims of gender discrimination and pregnancy discrimination by female former employee, and following affirmance on appeal, obtained order requiring counsel to pay a portion of Defendants’ costs and attorneys’ fees. Ploplis v. Panos Hotel Group, 267 F.Supp.2d 487 (M.D.N.C. 2003); aff’d, 84 Fed.Appx. 359 (4th Cir. 2004) (unpublished), and Ploplis v. Panos Hotel Group, 2004 WL 1615595, (M.D.N.C., June 18, 2004) (unpublished).

Obtained Rule 12(b)(6) dismissal of Title VII claims for alleged racial and retaliatory discrimination by former furniture store employee, based on failure to sue correct legal entity within EEOC-mandated 180 day deadline; negotiated resolution of remaining §1981 state court claims (timely brought) on favorable terms at mediated settlement conference. See Chambers v. Ashley Furniture Industries, Inc., 2010 WL 4977102 (Nov. 9, 2010), recommendations adopted and ordered, 2010 WL 4975495 (Dec. 1, 2010).

Assisted apartment management company with successful termination of older property manager accused of trading maintenance priority for sexual favors, with accompanying release of all potential claims under ADEA, etc.

Negotiated favorable pre-litigation settlement agreement obtaining monetary damages, job reinstatement, and employee discipline of perpetrator, on behalf of female pharmaceutical sales representative asserting claims of quid pro quo and hostile work environment sexual harassment.

Negotiated settlement agreement and favorable separation package for female sports marketing agency employee who was subjected to unwelcome sexual harassment by a fellow employee while engaged in work-related travel.

 

PERSONAL INJURY

Completed accident investigation and negotiated for claimant a favorable pre-litigation settlement of claims arising out of a motor vehicle collision with a truck owned and being operated by employee of major home repair industry retailer.

Negotiated successful confidential settlement of negligence claims by guardian of minor children against manufacturer of SSRI anti-depressant medication alleged to have caused adverse reaction resulting in homicide of patient’s former girlfriend and personal injury to her 2 elementary-aged children

Asserted and successfully negotiated confidential settlement of pharmaceutical malpractice and negligence claims against major pharmacy retailer for mistake in filling prescription, resulting in significant allergic reaction, injuries, and hospitalization.

Negotiated favorable settlement of attorney’s libel claims against newspaper that had published false & defamatory article regarding attorney’s treatment of immigration clients based solely on unreliable and biased accounts of alleged victim and non-profit agency who had misguided her, and without providing the attorney an adequate opportunity for response to the allegations.

 

CHURCHES & NON-PROFITS:

Assisted regional church denomination’s governing board with termination of and release of all claims by disgruntled district office administrator who had threatened to “go public” with unfounded allegations of purported misdoings by denominational leaders.

Obtained favorable ruling from North Carolina Property Tax Commission declaring tax exempt status of Habitat for Humanity “Re-Store” following county’s attempt to levy property taxes based upon alleged commercial activity.

Assisted local chapter of Habitat for Humanity chapter with negotiating and resolving issues surrounding termination of longtime Executive Director.

 

[1] Disclaimer: The prior legal matters described in this website relate to specific experiences and/or regard specific factual and legal circumstances unique to each client’s case. D. Christopher Osborn and Osborn Conflict Resolution make no express or implied representation that the same results will be obtained for other clients involved in similar matters.

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