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Appellate Practice

Ellis & Winters has argued and won appeals of major significance.  In these cases, and all cases, we take pride in preparing appellate courts with precise, persuasive briefs.  

  • North Carolina Acupuncture Licensing Board v. North Carolina Board of Physical Therapy Examiners (N.C. Supreme Court 2018).  In this matter, the Supreme Court of North Carolina affirmed a decision by the firm’s client—the Physical Therapy Board—about the scope of physical-therapy practice in North Carolina. A sister licensing board had attacked that decision.
  • Town of Littleton v. Layne Heavy Civil (N.C. Court of Appeals 2018).  The firm obtained the affirmance of a trial court order that barred the plaintiff’s claim against our client, a general contractor, based on the expiration of statutes of limitation.
  • Cynthia Walker v. North Carolina Board of Dental Examiners (N.C. Supreme Court 2016).  Representing the state dental board, the firm obtained a dismissal of a licensee’s appeal when the state supreme court concluded that it had improvidently allowed discretionary review.
  • Joseph Jemsek v. Janelle Rhyne, et al. (Fourth Circuit 2016).  The firm successfully represented the North Carolina Medical Board in this appeal against allegations that the Board had violated a licensee’s due-process rights. The Fourth Circuit concluded that Eleventh-Amendment immunity barred those claims.
  • Bumpers v. Community Bank of North Carolina (N.C. Supreme Court 2013).  In this putative class action, the firm overturned the plaintiff’s motion for summary judgment in a significant decision concerning North Carolina’s unfair and deceptive trade practices statute.
  • McAdoo v. University of North Carolina at Chapel Hill (N.C. Court of Appeals 2013).  The firm successfully represented the National Collegiate Athletic Association (NCAA) against claims asserted by a University of North Carolina football player after the NCAA declared the player ineligible.  The Supreme Court denied discretionary review of the decision.
  • Willis v. Town of Marshall (Fourth Circuit 2005, 2008).  In this case concerning an individual’s constitutional right to attend a public gathering, the firm successfully argued for reversal of two summary judgment orders. 
  • Goldston v. State of North Carolina (N.C. Supreme Court 2006).  The firm authored an amicus brief on behalf of the North Carolina Institute for Constitutional Law that helped clarify state standing doctrine derived under the North Carolina Constitution.
  • North Carolina Board of Pharmacy v. North Carolina Rules Review Commission (N.C. Supreme Court 2006).  In this appeal, the North Carolina Supreme Court reversed the decision of the Court of Appeals that had invalidated a rule promulgated by the North Carolina Board of Pharmacy (our client) concerning pharmacists’ working hours.
  • State v. Philip Morris USA, Inc. (N.C. Supreme Court 2005).  The firm successfully represented JPMorgan Chase Bank, N.A., the trustee of the National Tobacco Grower Settlement Trust, in a landmark decision concerning whether the Fair and Equitable Tobacco Reform Act of 2004 relieved tobacco companies of their obligations to the Trust.