REPRESENTATIVE CASES:
The Horack Talley litigation pratice group handles a broad range of civil-litigation matters. A list of representative cases includes:
- Successfully represented a number of lenders in a class-action lawsuit concerning alleged fraud and violations of the Truth in Lending Act
- Represented a title company's insured in litigation regarding lien priority and entitlement to surplus proceeds
- Represented the developer of multiple hotel properties following the disappearance of the general contractor; successfully defended numerous subcontractor lien-enforcement actions, obtained surety payment pursuant to payment and performance bond coverage, and negotiated successful resolution with the surety on the eve of trial over surety’s subrogation rights
- Successfully represented a title insurance company in a three-week jury trial involving the alleged wrongful termination of an agency agreement
- Represented an employer in obtaining a preliminary injunction against former employee who had formed a competing services company in violation of a covenant not to compete, resulting in victories both at the trial level and at the North Carolina Court of Appeals
- Represented a contractor and engineer in case involving construction liability arising out of a failed underground municipal drainage system and a recurring sinkhole in a commercial district
- Served as court-appointed trustee for the practice of a disbarred attorney
- Presently representing the City of Charlotte in ongoing complex litigation regarding the right to operate the municipal light-rail line in the right of way purchased from an existing railroad
- Obtained multimillion-dollar judgment against a tenant on behalf of a commercial landlord
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- Regularly represent employers in charges filed before Equal Employment Opportunity Commission and federal court litigation resulting therefrom
- Represented a title insurance company in addressing multimillion-dollar mortgage fraud
- Represented sewer-installation contractor in a dispute with the City of Belmont and surety over performance- and delay-related claims concerning multimillion-dollar sewer outfall installation project; successfully restored contractor to the job from which it had been terminated and procured resolution of all issues and claims asserted
- Regularly serve as coverage counsel in title insurance coverage disputes in both North Carolina and South Carolina
- Regularly represent title insurance companies in recoupment claims in both North Carolina and South Carolina
- Regularly defend real estate attorneys in significant real estate malpractice actions in North Carolina
- Assisted a neighborhood in forming a mandatory homeowners' association to fund construction of brick wall around the community and maintain it thereafter
- Successfully represented former employees of broadband-services provider in a dispute over alleged covenants not to compete; successfully thwarted former employer’s effort to obtain injunctive relief and monetary damages
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