Judson A. Welborn

Position: Shareholder

Direct: (919) 510-9250

Fax: (919) 325-4627

Email: welborn@manningfulton.com

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3605 Glenwood Avenue, Suite 500
Raleigh, NC 27612

Judson A. Welborn
 

Judson A. Welborn, a member of Manning Fulton's litigation section, concentrates his practice in the areas of real property litigation, business litigation and construction litigation. For almost 20 years, Judd has represented clients in the state and federal courts of North Carolina and beyond, as well as arbitration forums and administrative agencies, in a variety of litigation matters involving, among other things, business disputes, real property/development disputes, construction disputes and franchise disputes.

Judd also has significant experience representing landowners in condemnation proceedings involving the State of North Carolina, local municipalities and private condemnors, as well as representing taxpayers in property tax appeals before County Boards of Equalization and Review, the North Carolina Property Tax Commission and the appellate courts of North Carolina.

Selected by his peers for inclusion in The Best Lawyers in America® in the areas of Real Estate Litigation (2013-2017), Commercial Litigation (2013-2017), Land Use and Zoning Litigation (2013-2017), Construction Litigation (2012-2017) and Construction (2015-2017), Judd is also included in the prestigious Benchmark Litigation (2010-2017), the nation's only publication of its kind that focuses exclusively on the practice of litigation. Listed in North Carolina Super Lawyers as one of North Carolina’s top rated Business Litigation Attorneys (2014-2017) and as a Rising Star (2009-2013), Judd has also been recognized by Business North Carolina Magazine as one of North Carolina's Legal Elite in the areas of Construction Law (2006, 2008-2017), Business Litigation (2007-2009), Litigation (2013, 2014, 2017), and as one of North Carolina's best lawyers under the age of 40 (Young Guns 2007-2012). In addition, Judd holds Martindale-Hubbell's highest "AV" peer review rating.

Judd currently serves on the Tenth Judicial District Grievance Committee, and is the former Chair of the Board of Trustees of Follow the Child Montessori School, as well as a former member of the North Carolina Rules Review Commission and the Carolina Ballet Board of Directors.

Education

  • Campbell University School of Law (J.D., 1998)
  • University of North Carolina at Chapel Hill (B.A., 1995)

Admitted to Practice

  • State of North Carolina
  • Supreme Court of the United States
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Eastern, Middle and Western Districts of North Carolina

Specific Matters

• Lead trial counsel for an out of state financial institution in a $15 million lender liability lawsuit that was tried to jury verdict in the United States District Court for the Middle District of North Carolina resulting in a finding of no liability on any of the counts asserted against the financial institution

• Lead counsel for former executive in a breach of fiduciary duty and unfair and deceptive trade practices claim in which former business partner sought damages in excess of $30 million which resulted in summary judgment in favor of the former executive

• Represented second largest technology company in the world in multiple appeals before multiple North Carolina County Boards of Equalization and Review, the North Carolina Property Tax Commission and the North Carolina Appellate Courts in appeals establishing principles governing valuation of computer equipment in North Carolina involving computer equipment valued at over $5 billion and resulting in tax refunds in excess of $8 million

• Represented former executive in a bankruptcy matter alleging corporate malfeasance and breach of fiduciary duty in which Bankruptcy Trustee sought to recover damages in excess of $25 million from former officers and directors of bankrupt company

• Represented national franchisor in numerous lawsuits around the United States in claims ranging from a few thousand dollars to more than $150 million

• Lead counsel for developer/owner of hotel in a construction defect claim involving more than 20 construction and insurance parties and more than $2 million in damages resulting from defective construction

• Lead counsel for an out of state financial institution in a $4 million lender liability lawsuit resulting in a dismissal of claims asserted against the financial institution

• Represented multiple land owners and tenants in condemnation/eminent domain proceedings involving the State of North Carolina, local municipalities and private condemnors in connection with highway improvement projects, airport expansion projects, and utility service construction/expansion projects across North Carolina

• Lead counsel for owner of a hotel in a Letter of Intent dispute with general contractor where general contractor sought to recover more than $1.5 million from the owner

• Represented numerous owners, lenders, sellers, purchasers, developers, general contractors and subcontractors in the drafting and negotiation of development and construction contracts on commercial projects ranging from a few thousand dollars to more than $300 million

• Represented numerous owners, lenders, sellers, purchasers, developers, general contractors and subcontractors in a variety of real property and construction litigation matters across North Carolina with amounts in controversy ranging from a few thousand dollars to more than $50 million

• Represented restaurant franchisee against multinational franchisor in franchise dispute resulting in favorable settlement in excess of $10 million

• Lead counsel for international real estate investment group with more than $48 billion in assets in contract dispute and workout negotiation involving claims by commercial tenant valued at more than $1 million

• North Carolina counsel for the largest tobacco company in the United States in a dispute with State of North Carolina over "non-participating manufacturer" adjustments to payment obligations under the Master Settlement Agreement between tobacco companies and 46 states

• Served as outside general counsel for several mid-market companies in a variety of industries

• Lead counsel for developer of affordable housing communities across North Carolina in a lawsuit against a municipality involving claims arising under the Fair Housing Act

• Represented real estate investment trust in a lawsuit arising from a major acquisition of other corporations, properties and assets that involved claims in excess of $10 million based on alleged fraud, breach of fiduciary duty, wrongful interference with contractual relations, civil conspiracy and commercial real estate broker compensation

• Represented purchaser of industrial equipment in breach of warranty action against equipment manufacturer with claims in excess of $8 million resulting in favorable settlement for client

• Coordinate and manage construction litigation prevention techniques on North Carolina construction projects for national general contractor

• Lead counsel for software developer in a lawsuit alleging fraud, breach of contract, breach of warranties under the Uniform Commercial Code and unfair and deceptive trade practices

• Lead counsel for restaurant franchisee in numerous complex commercial contract disputes, misappropriation of trade secrets claims and anti-competitive trade practices actions

• Represented some of the nation's largest providers of title insurance services in a variety of litigation matters involving, among other things, lien priority disputes, deed reformation actions, boundary line disputes, undisclosed/missing heirs disputes, inheritance disputes and forgery actions

• Represented corporate taxpayer in improper garnishment and attachment proceeding resulting in consent judgment requiring taxing authority to refund over $700,000 to taxpayer plus interest

• Represented legal professionals in various lawsuits alleging legal malpractice arising from commercial real estate transactions across North Carolina.

• Represented insurance professionals and insurance carriers in claims relating to insurance procurement, insurance policy interpretation and insurance coverage claims

• Represented commercial factor in dispute arising under Uniform Commercial Code about rights of factor and defenses of account debtors in connection with over $2.5 million in factored receivables

• Lead counsel for North Carolina based corporation in Business Software Alliance software licensing violations investigation resulting in favorable resolution for client

• Lead counsel for software developer in a lawsuit alleging fraud, breach of contract, breach of warranties under the Uniform Commercial Code and unfair and deceptive trade practices

• Lead counsel for non-profit corporation and its Board of Directors in significant number of claims for malfeasance, breach of fiduciary duty and negligence resulting in favorable settlements

• Represented real estate salespersons and brokers in disciplinary actions before the North Carolina Real Estate Commission

• Represented regional grocery store chain in licensing matters before the Alcoholic Beverage Control Commission and North Carolina Board of Pharmacy

Professional Activities

  • North Carolina Bar Association
    • Litigation Section
    • Construction Law Section
  • American Bar Association
    • Litigation Section
    • Tort Trial and Insurance Practice Section
    • Title Insurance Litigation Committee
    • Real Estate Litigation Committee
    • Construction Law Section
  • Wake County Bar Association
    • Tenth Judicial District Grievance Committee
    • Wake County/Tenth Judicial District Professionalism Committee (2013-2015)
    • Fee Dispute Resolution Committee (2010-2015)
    • Public Service Committee (2002-2005)
  • North Carolina Land Title Association
  • North Carolina Rules Review Commission (2006-2007)
  • Tenth Judicial District Professionalism Committee (2001-2005)
  • Ex Officio Member, Board of Directors, BarCARES of North Carolina, Inc. (2002-2004)

Community Activities

  • Follow the Child Montessori School, Inc.
    • Chair, Board of Trustees (2010-2016)
  • Carolina Ballet
    • Board of Directors (2007-2013)
  • Wake County Volunteer Lawyers Program

 

 

 

 

 
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