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Overview

In the legal industry, attorneys with technical backgrounds are in short supply, and are incredibly valuable, particularly at firms like Ellis & Winters, where understanding the client’s business is foundational to the litigation process. Dixie Wells’s training, education and experience as an engineering professional have given her unique insights that she routinely applies to the cases she handles. 

Dixie represents clients in lawsuits that involve engineering issues, including complex commercial transactions, cases arising out of engineering disasters and product liability matters. She also represents clients in higher education law. Regardless of the substantive law at issue, she regularly handles both mass litigation and cases arising from single events that generate suits in multiple courts. Over the years, she has represented a range of clients, including Fortune 100 companies and internationally-renowned universities.

Though it may seem unconventional for an attorney to enter the practice of law from engineering outside of the patent law context, Dixie’s journey from engineering to nationally-recognized litigator makes sense when considering her unique path along the way.

Before attending law school at Wake Forest, Dixie obtained her undergraduate degree in civil engineering from Duke University (B.S.E., magna cum laude, 1991), where she was a Benjamin N. Duke Scholar. She then earned her master’s degree in systems engineering from the University of Virginia (M.S., 1993).

Following graduation from engineering school, Dixie worked for three years as a research scientist for the Virginia Transportation Research Council  and obtained her Professional Engineer license in North Carolina. Realizing that she would need a Ph.D. to advance and given her passion for the policy side of her work, she decided to pursue a law degree instead, graduating with honors from Wake Forest School of Law. After a federal clerkship, Dixie so thoroughly enjoyed the practice of law that she decided to shift gears and pursue a litigation career instead of policy work.

Dixie’s training as an engineer impacts her legal representation in many ways. She applies the same attention to detail as a lawyer that she did as a structural engineer, and often relies on her engineering background when participating in root cause investigations, interviewing or deposing witnesses, and coordinating with experts. Her broad and substantive knowledge in the civil, structural, and systems engineering fields enables her to advise clients and work with experts in cases that center around complex, technical issues.

Dixie’s engineering background also enables her to avoid inefficiencies and muddled communication; in the engineering field, engineers generally do not tiptoe around the issues and Dixie applies that philosophy to law practice. She is responsive and highly communicative with clients. Clients often describe her as a “straight shooter” who is willing to discuss the reality of their case, even when the situation is dire. That reality is something that the clients may not want to hear. If a client’s primary witness is going to be poorly received, for example, Dixie has no problem having a difficult conversation to avoid a surprise for the client at trial.

Dixie is a member of the firm’s management committee and serves the legal community in a number of ways. She is a former President of the Chief Justice Joseph Branch Inn of Court, an organization that promotes professionalism among attorneys and regularly speaks at conferences and webinars. She also enjoys reading or attending her two book clubs and spending time with her family.

 

Credentials

Education

  • J.D., Wake Forest University
    • Honors: magna cum laude, Fletcher Scholar, Order of the Coif
    • Wake Forest Law Review, Editor-in-Chief
    • Moot Court Board: Robert F. Wagner National Labor and Employment Law Moot Court Competition, Team Member
  • M.S., University of Virginia
  • B.S.E., Duke University
    • Honors: magna cum laude, Benjamin N. Duke Scholar

Bar Admissions

  • North Carolina

Court Admissions

  • Supreme Court of the United States
  • United States Court of Appeals for the Fourth Circuit 
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Western District of North Carolina

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

  • Fourth Circuit Judicial Conference, Permanent Member
  • Chief Justice Joseph Branch Inn of Court
    • Board of Directors (2011-present)
    • President (2018-2021)
    • Master (2012–present)
    • Senior Barrister (2007-2012)
    • Barrister (1999-2002)
    • Pupil (1997-1999)
  • Wake Forest School of Law Board of Visitors (2019-present)
  • International Association of Defense Council
  • North Carolina Association of Defense Attorneys
  • Duke University, Pratt School of Engineering, Engineering Alumni Council (2009-2017)
    • President (2015-2016)
    • Vice President (2014 – 2015)
  • North Carolina Bar Association, Litigation Section
    • Litigation Section, Council Member (2006-2009)
    • Membership Chair (2004-2006)
  • Guilford Inn of Court (2003-2005)
  • Expert Technical Group on Maintenance, Repair and Rehabilitation Unit Costs for Bridge Management Systems sponsored by the Federal Highway Administration (1994-1996)
  • National Cooperative Highway Research Program Panel, Project 20-5, Topic 25-06, “Collecting and Managing Cost Data for Bridge Management Systems” (1994-1996)
  • Technical Advisory Group on Maintenance, Repair and Rehabilitation Unit Costs for the American Association of State Highway and Transportation Officials Pontis Task Force (1993-1994)
  • Professional Engineer License, North Carolina, inactive (1997-present)

Experience

  • Represents a multi-national consumer products company with claims and lawsuits throughout the United States and Canada.
  • Handles matters involving lithium ion batteries including fire investigations, construction and EPC disputes, and products liability and commercial claims alleging the defective design and manufacture of batteries and battery management systems.  Among other clients involved in the lithium ion space, she represents a major integrator of lithium ion battery components and management systems that engineers, procures, and constructs battery energy storage solutions for utilities.
  • Maintains a consistent case-load in the Middle District of North Carolina serving as local counsel in a variety of matters, including patent infringement, trademark violations, and product liability claims.
  • Represented a university in a case involving claims by a student for breach of contract and unfair and deceptive trade practice. The court granted the university’s motion for judgment on the pleadings.
  • Represented an energy company in wrongful-death and personal-injury cases arising out of the collapse of a temporary lifting device being used to transport a one-million pound stator. Represented the same energy company in resolving its commercial dispute with the property owner.
  • Represented a university in a case alleging that the university mishandled a student’s reports of sexual misconduct by two other students. The court granted the university’s motion for summary judgment.
  • Represented a component supplier in wrongful-death and personal-injury cases arising out of the collapse of a glulam pedestrian bridge which was under construction at the time of collapse.
  • Represented employees in negotiating severance agreements with their employers.
  • Represented a pharmaceutical company in arbitrations of product liability matters involving long-term absorbable sutures. Plaintiffs had initially sought certification of a class. The motion was denied.
  • Represented a university in cases alleging that the university mishandled allegations of rape by members of one of the university’s sports teams.
  • Represented an admixture manufacturer in over 80 cases arising out of the collapse of a prestressed concrete pedestrian bridge at the Charlotte Motor Speedway and in the one personal-injury case to be tried. The court granted a directed verdict for the admixture manufacturer at the close of the plaintiffs’ evidence.
  • Represented an electrical and mechanical subcontractor in cases involving injuries from exposure to mold in various schools. Plaintiffs sought certification of a class. The motion was denied.

Prior Work Experience

  • Adjunct Professor of Trial Practice, Elon University School of Law, 2008
  • Smith Moore LLP, 2002-2005, 2006-2008
  • Smith, Helms, Mulliss, & Moore, LLP, 2000-2002
  • Clerkship, United States District Court for the Middle District of North Carolina, Hon. N. Carlton Tilley, Jr., 1999-2000
  • Research Scientist, Virginia Transportation Research Council, 1993-1996

Presentations/Publications

Presentations

  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided between May 15, 2023 and September 19, 2023 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Greensboro, NC, October 6, 2023
  • Practical Solutions For Seeking and Defending Against Economic Damages in Business Litigation – Panel Member; Mid-Year Meeting of the International Association of Defense Counsel; Austin, TX, February 21, 2023
  • Pivotal Decisions by the North Carolina Appellate Courts in 2022 – Presenter; 2023 Winter Workshop Virtual Presentation, February 10, 2023
  • Top Decisions of 2021 from the North Carolina Appellate Courts – Presenter: 2022 Winter Workshop; sponsored by the North Carolina Association of Defense Attorneys; Virtual Meeting, February 4, 2022
  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided between May 17, 2022, and September 6, 2022 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Winston Salem, NC, September 30, 2022
  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided from June 2, 2021 to September 2, 2021 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Hilton Head, SC, September 20, 2021
  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided from September 21, 2020 to June 1, 2021 – Co-Presenter; Meeting of the North Carolina Association of Defense Attorneys; Virtual Meeting, June 11, 2021
  • Moving a Case from the Trial Court to Arbitration in the Era of COVID-19 – Panel Member; Webinar for the International Association of Defense Counsel and the International Institute for Conflict Prevention and Resolution, October 21, 2020
  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided from May 6, 2020 to September 21, 2020 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Virtual Meeting, October 2, 2020 
  • Notre Dame and Beyond, Reviewing Recent Construction Catastrophes to Discuss the Appropriate Response and Defense – Panel Member; Mid-Year Meeting of the International Association of Defense Counsel; Pebble Beach, CA, February 23, 2020
  • Overview of Opinions of the North Carolina Appellate Courts Decided between September 15, 2018, and May 21, 2019 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Asheville, NC, June 15, 2019 
  • S/he’s a Typical Engineer! How to Make the Engineer the Ally of the Lawyer – Program Planner and Presenter; Webinar for the International Association of Defense Counsel; August 22, 2018
  • Overview of Opinions of the North Carolina Appellate Courts Decided between May 15, 2018, and September 14, 2018 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Greensboro, NC, September 28, 2018 
  • Overview of Opinions of the North Carolina Appellate Courts Decided between May 19, 2017, and September 15, 2017 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Greensboro, NC, September 29, 2017
  • Overview of Decisions of the North Carolina Appellate Courts Decided between October 19, 2015, and May 26, 2016 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Asheville, NC, June 18, 2016
  • Eight Common Privilege Myths and Missteps in Accident Investigations – Presenter; Regional Meeting of the International Association of Defense Counsel; Raleigh, NC, June 25, 2015
  • Overview of Decisions of the North Carolina Appellate Courts Decided between October 9, 2014, and May 15, 2015 – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Hilton Head, SC June 12, 2015
  • Successfully Defending the Company: Litigation Strategy, Witness Preparation, and Media Relations – Program Planner and Co-Presenter; Association of Corporate Counsel (Research Triangle Area Chapter); Cary, NC, April 22, 2015
  • Recent Decisions [of the North Carolina Appellate Courts] – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Greensboro, NC, October 3, 2014
  • Recent Decisions [of the North Carolina Appellate Courts] – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Hilton Head, SC, June 14, 2014
  • Recent Decisions [of the North Carolina Appellate Courts] – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Greensboro, NC, October 4, 2013
  • Recent Decisions [of the North Carolina Appellate Courts] – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Hilton Head, SC, June 15, 2013
  • Civil Law Update – Presenter at the 2012 Annual Review; sponsored by the North Carolina Bar Association; Greensboro, NC October 12, 2012
  • Recent Decisions [of the North Carolina Appellate Courts] – Presenter; Meeting of the North Carolina Association of Defense Attorneys; Hilton Head, SC, June 14, 2012
  • Recent Decisions [of the North Carolina Appellate Courts] — Presenter; Meeting of the North Carolina Association of Defense Attorneys; Greensboro, NC, October 14, 2011
  • Advanced Trial Evidence with Don Cowan and Dixie Wells — Program Planner and Session Moderator, sponsored by the North Carolina Bar Association; Greensboro, NC, December 10, 2010
  • What do jurors know about your case…about you…and about the judge? — Program Planner and Co-Presenter; Chief Justice Joseph Branch Inn of Court; Winston-Salem, NC, November 8, 2010
  • Civil Law Update — Presenter at the 2010 Annual Review; sponsored by the North Carolina Bar Association; Greensboro, NC, October 7, 2010
  • Civil Law Update — Presenter at the 2009 Annual Review; sponsored by the North Carolina Bar Association; Greensboro, NC, October 8, 2009
  • Recent Decisions [of the North Carolina Appellate Courts] — Presenter; Meeting of the North Carolina Association of Defense Attorneys; Greensboro, NC, September 25, 2009
  • Preserving the Attorney-Client Privilege: Protecting Communications, Avoiding Waiver, and Reducing Risks — Program Planner and Panel Moderator; Joint Meeting of the Chief Justice Joseph Branch Inn of Court and the Guilford Inn of Court; Greensboro, NC, February 27, 2008
  • Advanced Trial Evidence with Don Cowan — Program Planner and Session Moderator; sponsored by the North Carolina Bar Association; Greensboro, NC, December 8, 2006
  • Recent Decisions [of the North Carolina Appellate Courts] — Presenter; Meeting of the North Carolina Association of Defense Attorneys; Greensboro, NC, November 4, 2005
  • In re. Pedestrian Walkway Failure & Taylor v. Speedway Motorsports, Inc., Tindall Corporation, and Anti-Hydro International, Inc. — Program Planner and Presenter; Chief Justice Joseph Branch Inn of Court; Greensboro, NC, March 29, 2004

Publications

  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided between May 15, 2023 and September 19, 2023 (North Carolina Association of Defense Attorneys, October 6, 2023)
  • Top Decisions of 2021 from the North Carolina Appellate Courts, North Carolina Association of Defense Attorneys (February 2022)
  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided from June 2, 2021 to September 2, 2021 (North Carolina Association of Defense Attorneys, September 20, 2021)
  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided from September 21, 2020 to June 1, 2021 (North Carolina Association of Defense Attorneys, June 11, 2021)
  • Recent Decisions of Relevance from the North Carolina Appellate Courts Decided from May 6, 2020 to September 21, 2020 (North Carolina Association of Defense Attorneys, October 2, 2020)
  • Privilege Precautions when Investigating Construction Catastrophes, International Association of Defense Counsel (February 23, 2020)
  • Significant Opinions of the North Carolina Appellate Courts Decided in 2019, North Carolina Association of Defense Attorneys (January 31, 2020)
  • Overview of Decisions of the North Carolina Appellate Courts Decided between September 15, 2018, and May 21, 2019 (North Carolina Association of Defense attorneys, June 15, 2019)
  • Overview of Decisions of the North Carolina Appellate Courts Decided between May 15, 2018, and September 14, 2018 (North Carolina Association of Defense Attorneys, September 28, 2018)
  • Overview of Decisions of the North Carolina Appellate Courts Decided between May 19, 2017, and September 15, 2017 (North Carolina Association of Defense Attorneys, September 29, 2017)
  • Overview of Decisions of the North Carolina Appellate Courts Decided between October 19, 2015, and May 26, 2016 (North Carolina Association of Defense Attorneys, June 18, 2016)
  • Co-author, Eight Common Privilege Myths and Missteps in Accident Investigations, (International Association of Defense Counsel, June 25, 2015)
  • Overview of Decisions of the North Carolina Appellate Courts between October 2014 and May 2015 (North Carolina Association of Defense Attorneys, June 12, 2015)
  • Recent Decisions [of the North Carolina Appellate Courts] (North Carolina Association of Defense Attorneys, October 3, 2014)
  • Recent Decisions [of the North Carolina Appellate Courts] (North Carolina Association of Defense Attorneys, June 14, 2014)
  • Recent Decisions [of the North Carolina Appellate Courts] (North Carolina Association of Defense Attorneys, October 4, 2013)
  • Recent Decisions [of the North Carolina Appellate Courts] (North Carolina Association of Defense Attorneys, June 15, 2013)
  • Civil Law Update (North Carolina Bar Association; October 12, 2012)
  • Recent Decisions [ of the North Carolina Appellate Courts] (North Carolina Association of Defense Attorneys, June 14, 2012)
  • Recent Decisions [of the North Carolina Appellate Courts] (North Carolina Association of Defense Attorneys, Oct. 14, 2011)
  • “Q&A with Don Cowan,” in The Litigator (North Carolina Bar Association’s Litigation Section’s Newsletter Vol. 28, No. 3, July 2008)
  • Co-author, An Assessment of the Construction Advertisement Date Process Within the Virginia Department of Transportation (Virginia Transportation Research Council Report No. 96—R15, 1996)
  • “Environmental Classification Scheme for Pontis,” in Proceedings of the Fourth International Bridge Engineering Conference 203 (Transportation Research Board ed., 1995)
  • Maintenance, Repair and Rehabilitation Unit Costs for Pontis (Virginia Transportation Research Council Report No. 95—TAR10, 1995)
  • Environmental Classification Scheme for Pontis (Virginia Transportation Research Council Report No. 94—R20, 1994)
  • “The State of the Art of Bridge Management Systems,” in Infrastructure Planning and Management Proceedings 182 (American Society of Civil Engineers ed., 1993)
  • “The Analysis and Design of a Bridge Management System for the State of Virginia,” in Infrastructure Planning and Management Proceedings 182 (1993) (unpublished M.S. thesis, University of Virginia)

Awards and Honors

  • Lawyer of the Year, The Best Lawyers in America®, Bet-the-Company Litigation (2022)
  • The Best Lawyers in America®, Bet-the-Company Litigation; Commercial Litigation (2010-2024)
  • Chambers USA: America’s Leading Lawyers for Business, “Leader in the Field” for Litigation (2017-2023)
  • Benchmark Litigation, North Carolina Litigation Star (2016-2024)
  • Peer Review Rating of AV® in Martindale Hubbell
  • Outstanding Volunteer Award, North Carolina Association of Defense Attorneys (2016)
  • North Carolina Super Lawyers Magazine, Business Litigation, Civil Litigation, Schools & Education (2013-2024)
    • “Top 50 Women in North Carolina” (2014-2024)
    • “Top 100 Super Lawyers in North Carolina” (2016, 2018, 2019, 2023)
  • Business North Carolina, Legal Elite, Litigation (2012-2014, 2019-2020, 2022-2024)