Michael T. Medford

Position: Shareholder

Direct: (919) 510-9241

Fax: (919) 325-4618

Email: medford@manningfulton.com

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3605 Glenwood Avenue, Suite 500
Raleigh, NC 27612

Michael T. Medford
 

A member of Manning Fulton's litigation section, Michael T. Medford has more than 37 years of experience representing clients in a broad range of complex commercial litigation and insurance disputes. His practice focuses on complex business litigation involving shareholder and partnership disputes, disputes relating to the purchase and sale of businesses, business and legal malpractice claims, lending disputes, employment disputes, securities law disputes and insurance coverage and procurement disputes.

Mike has extensive experience representing insurance professionals, insurance carriers and businesses in disputes relating to the procurement and issuance of insurance, interpretation of insurance policies and handling of claims under insurance policies; and he has substantial experience representing employers in claims alleging breach of employment contracts, discrimination, sexual harassment, violation of restrictive covenants, wrongful interference with contractual relations and ERISA disputes.

Mike has represented clients in complex litigation in all three North Carolina federal district courts, the U.S. Fourth Circuit Court of Appeals, the North Carolina Business Court, state courts throughout North Carolina, the North Carolina Court of Appeals and Supreme Court, and various administrative and arbitration forums. He is a certified mediator in North Carolina.

Mike has been inducted as a Fellow into the Litigation Counsel of America (LCA), a Trial Lawyer Honorary Society. He is AV rated in the Martindale-Hubbell Law Directory.

Education

  • Columbia Law School (J.D., 1976)  Harlan Fiske Stone Scholar, Board of Editors of Columbia Law Review
  • University of North Carolina (B.A., 1973)  Morehead Scholar; Phi Beta Kappa

Admitted to Practice

  • State of North Carolina, 1977
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Eastern, Middle and Western Districts of North Carolina
  • Supreme Court of the United States

Specific Matters

  • Lead counsel for ten financial institutions in a lawsuit relating to claims in excess of $20 Million, and involving mortgage-backed securities and issues of contract law, securities law, insurance law, unfair trade practice, breach of fiduciary duty, alleged negligence in loan portfolio servicing, accountant liability, and securities broker liability
  •  Lead counsel for an insurance carrier in coverage litigation with more than $138 Million at stake and involving issues relating to insurance coverage, bad faith claims, alleged securities law violations, fraud and breach of contract
  • Lead counsel for the seller of a multi-million dollar business in a lawsuit by a disappointed bidder, involving allegations of breach of contract, enforceability of letter of intent, wrongful interference with contractual relations and other matters
  • Lead counsel for a computer software company in a lawsuit by value-added reseller, alleging fraud, breach of contract, unfair trade practice, unlawful interference with contractual relations and other claims
  • Lead counsel for regional insurance broker in complex litigation relating to alleged mismanagement of extensive portfolio of workers compensation claims, failure to procure insurance, procurement of inappropriate insurance and other alleged negligence and unfair trade practice
  • Lead counsel for a major department store in property tax appeals establishing principles governing valuation of department stores in large shopping malls
  • Lead counsel for a real estate investment trust in a lawsuit arising from major acquisition of other corporations, properties and assets, and involving claims exceeding $10 million relating to alleged fraud, breach of fiduciary duty, wrongful interference with contractual relations, civil conspiracy and commercial real estate broker compensation
  • Lead counsel for a real estate firm in a suit by 168 property owners relating to catastrophic failure of waste treatment system in a subdivision
  • Represented commercial factor in dispute under Uniform Commercial Code about rights of factor and defenses of account debtors in connection with over $2.5 million in receivables
  • Obtained summary judgment dismissing Truth in Lending and Unfair Trade Practice claims against Bank that purchased consumer loans
  • Represented insurance professionals and insurance carriers in more than 300 lawsuits relating to insurance procurement, insurance interpretation and insurance claims with amounts in controversy ranging from a few thousand dollars to more than $5 million
  • Represented Fortune 500 companies in numerous employment discrimination and retaliation lawsuits.

Professional Activities

  • Litigation Counsel of America, Fellow
  • American Bar Association
  • North Carolina Bar Association
    • Development Committee (2009 - present)
    • Modest Means Access Committee (2007-10)
    • Litigation Section Council, Pro Bono Chairman (2008 - 2009)
    • Insurance Law Section Council (2013 - present)
    • Endowment Visibility Project (2013-2014)
  • Wake County Bar Association
    • Professionalism Committee
  • Lecturer and Course Planner for Continuing Education Seminars
  • Federal Bar Advisory Counsel
  • Fourth Circuit Judicial Conference
  • Law Clerk to Hon. Donald Russell, US Fourth Circuit Court of Appeals
  • Certified Mediator
  • Recognized as a litigation star in the state of North Carolina and included in the 3rd edition of Benchmark Litigation, the Guide to America's Leading Litigation Firms and Attorneys
  • Recognized in The Best Lawyers in America© in the areas of Commercial Litigation (2003-2015), Bet-the-Company Litigation (2010-2015), Labor & Employment Litigation (2012-2015) , Antitrust Law (2015), and Antitrust Litigation (2015)
  • Included in North Carolina Super Lawyers (2007-2016), Top 25 List (2014, 2015), Top 100 List (2010, 2012)
  • Named in Business North Carolina magazine's Legal Elite in the areas of Antitrust (2010, -2013, 2015), Business Litigation (2006) and Litigation (2009, 2010,2012- 2015)

Community Activities

  • Participation in alumni fundraising and committees
  • Christ Episcopal Church  

Reported Cases

  • US Court of Appeals for the Fourth Circuit

ALSTON V. GARRISON
720 F.2d 812 (4th Cir. 1983)

BROUGHTON V. SMITH
21 F.3d 421 (4th Cir. 1994)

DENNY V. HINTON
900 F.2d 251 (4th Cir. 1990)

DUPERRY V. LIFE INSURANCE CO. OF NORTH AMERICA
Case No. 10-1089, 2011 U.S. App. LEXIS 1399 (Jan. 24, 2011)

EMPLOYERS REINSURANCE CORP. V. TEAGUE
972 F.2d 339 (4th Cir. 1992)

HARTFORD FIRE INSURANCE CO. V. T.A. LOVING CO.
89 F.3d 828 (4th Cir. 1996)

IFEDIORA V. WACKENHUT SECURITY
238 F.3d 412 (4th Cir. 2000)

LAWRENCE V. HINTON
937 F.2d 603 (4th Cir. 1991)

LUMBERMENS MUT. CASUALTY INS. CO. V. FIRST INS. SERVICES, INC.
Case No. 09-1691, 2011 U.S. App. LEXIS 768 (Jan. 14, 2011)

PARRISH V. VOYAGER GROUP, INC.
875 F.2d 316 (4th Cir. 1989)

PERCELL V. IBM CORP.
23 F.3d 402 (4th Cir. 1994)

SANDCREST OUTPATIENT SVCS. V. CUMBERLAND COUNTY HOSP. SYS.
853 F.2d 1139 (4th Cir. 1988)

TEAGUE V. BAKKER
931 F.2d 259 (4th Cir. 1991)

TROXLER ELECTRONICS LABORATORIES V. SOLITRON DEVICES
722 F.2d 81 (4th Cir. 1983)

WATERMAN V. ALTA VERDE INDUSTRIES
833 F.2d 1006 (4th Cir. 1987)

  • US District Court for the Eastern District of North Carolina

FEDERAL INS. CO. V. SANFATEX, INC.
897 F. Supp. 932 (E.D.N.C. 1995)

FIRST FINANCIAL SVGS. BANK V. AMERICAN BANKERS INS. CO. I
699 F. Supp. 1158 (E.D.N.C. 1988)

FIRST FINANCIAL SVGS. BANK V. AMERICAN BANKERS INS. CO. II
699 F. Supp. 1167 (E.D.N.C. 1988)

FLANDERS FILTERS V. INTEL CORP.
93 F. Supp.2d 669 (E.D.N.C. 2000)

PERCELL V. IBM I
765 F. Supp. 297 (E.D.N.C. 1991)

PERCELL V. IBM II
785 F. Supp. 1229 (E.D.N.C. 1992)

TUDOR ASSOCS. V. AJ & AJ SERVICING
843 F. Supp. 68 (E.D.N.C. 1993)

WATERMAN V. ALTA VERDE INDUS.
643 F. Supp. 797 (E.D.N.C. 1986)

  • US District Court for the Middle District of North Carolina

CANANWILL, INC V. EMAR GROUP, INC, ET AL
250 B.R. 533 (M.D.N.C. 1999)

DENNY V. HINTON

N.C. MUTUAL LIFE INSURANCE V. MCKINLEY FINANCIAL SERVICE, INC.
386 F. Supp. 2d 648 (M.D.N.C. 2005)

NAS SUR. GROUP V. PRECISION WOOD PRODUCTS, INC.
271 F. Supp.2d 776 (M.D.N.C. 2003)

STUDIO FRAMES, LTD V. VILLAGE INSURANCE AGENCY, INC.; ET AL 
397 F. Supp.2d 674 (M.D.N.C. 2005)

THE SCO GROUP, INC. V. IBM
Utah Case No. 2:03CV0294DAK

  • North Carolina Supreme Court

BAGGETT V. SUMMERLIN INS. & REALTY CO. (2)
143 N.C. App. 43, 545 S.E.2d 462 (2001)

BECK V. CP&L
307 N.C. 267, 297 S.E.2d 397 (1982)

COATS V. JONES
309 N.C. 815, 309 S.E.2d 253 (1983)

DICKENS V. PURYEAR
302 N.C. 437, 276 S.E.2d 325 (1981)

DICKENS V. PURYEAR
302 N.C. 437, 276 S.E.2d 325 (1981)

DUNN V. PACIFIC EMPLOYERS INS. CO.
332 N.C. 129, 418 S.E.2d 645 (1992)

DUNN V. PACIFIC EMPLOYERS INS. CO.
329 N.C. 267, 407 S.E.2d 833 (1991)

LATTIMORE V. FISHER`S FOOD SHOPPE I
313 N.C. 467, 329 S.E.2d 346 (1985)

SKINNER V. E.F. HUTTON & CO. II
314 N.C. 267, 333 S.E.2d 236 (1985)

STATE V. MORRIS
362 N.C. 686, 668 S.E.2d 900 (2008)

STATE V. PHILIP MORRIS USA, INC.
363 N.C. 136, 676 S.E.2D 53 (2009)

  • North Carolina Court of Appeals

BELL ATLANTIC TRICON LEASING CO. V. DRR, INC.
114 N.C. App. 771, 443 S.E.2d 374 (1994)

BLOW V. SHAUGHNESSY
68 N.C. App. 1, 313 S.E.2d 868 (1984)

CINOMAN V. UNIV. OF N.C.
NO. COA13-902-2 (2014)

COATS V. JONES
63 N.C. App. 151, 303 S.E.2d 655 (1983)

DICKENS V. PURYEAR
45 N.C. App. 696, 263 S.E.2d 856 (1980)

DUNN V. PACIFIC EMPLOYERS INS. CO.
101 N.C. App. 508, 400 S.E.2d 63 (1991)

EGELHOF EX REL. RED HAT, INC. V. SZULIK
193 N.C. App. 612, 668 S.E.2d 367 (2008)

GARLAND V. BRANCH BANKING AND TRUST CO.
196 N.C. App. 176, 674 S.E.2d 479 (2009)

GORE V. ASSURANCE COMPANY OF AMERICA, CASE NO.
COA10-295, 2010 N.C. App. LEXIS 2431 (DEC. 7, 2010)

IN RE APPEAL OF BELK-BROOME CO.
119 N.C. App. 470, 458 S.E.2d 921 (1995)

IN RE APPEAL OF IBM CREDIT CORPORATION
186 N.C. App. 223, 650 S.E.2d 828 (2007)

IN RE APPEAL OF IBM CREDIT CORPORATION 12-8-09
689 S.E.2d 487, 2009 N.C. App. LEXIS 2201 (2009)

IN RE APPEAL OF MAY DEPARTMENT STORES CO.
119 N.C. App. 596, 459 S.E.2d 274 (1995)

J. LEE PEELER & CO. V. MAKEPEACE
96 N.C. App. 118, 384 S.E.2d 283 (1989)

MICHAEL I. CINOMAN, M.D. AND MEDICAL MUTUAL INSURANCE CO. V. THE UNIVERSITY OF NORTH CAROLINA
North Carolina Court of Appeals - Unpublished Opinions (November 1, 2011)

LATTIMORE V. FISHER`S FOOD SHOPPE, INC.
69 N.C. App. 227, 316 S.E.2d 344 (1984)

NORTH RIVER INS. CO. V. YOUNG
117 N.C. App. 663, 453 S.E.2d 205 (1995)

ON TRADING CORP. V. NORTH CAROLINA INS. UNDERWRITING ASS'N.
196 N.C. App. 177, 674 S.E.2d 479 (2009)

RALEIGH FEDERAL SAVINGS BANK V. GODWIN
99 N.C. App. 761, 394 S.E.2d 294 (1990)

SKINNER V. E.F. HUTTON & CO.
70 N.C. App. 517, 320 S.E.2d 424 (1984)

STATE OF NORTH CAROLINA V. PHILIP MORRIS USA, INC.
193 N.C. App. 1, 666 S.E.2d 783 (2008)

TELERENT LEASING CORP. V. BOAZIZ
686 S.E.2D 520, 2009 N.C. APP. LEXIS 1733 (2009)

TROPHY TRACKS, INC. V. MASSACHUSETTS BAY INS. CO.
195 N.C. APP. 734, 673 S.E.2D 787 (2009)

WATERS V. NC PHOSPHATE CORP.
50 N.C. App. 252, 273 S.E.2d 517 (1981)

  • North Carolina Business Court

JDH CAPITAL LLC, V REBECCA D. FLOWERS, ET.AL.
2009 NCBC 4, 2009 NCBC LEXIS 8 (2009)

JDH CAPITAL LLC, V REBECCA FLOWERS, ET. AL.
2007 NCBC 31, 2007 NCBC LEXIS 31 (2007)

NNN DURHAM OFFICE PORTFOLIO 1, LLC V. HIGHWOODS REALTY LTD. P'SHIP 
12 CVS 3945 (2013)

STATE OF NORTH CAROLINA V. PHILIP MORRIS, R.J. REYNOLDS, ET. AL.
2006 NCBC 22, 2006 NCBC LEXIS 23 (2006)

VERNON V. CUOMO
2009 NCBC 6, 2009 NCBC LEXIS 1 (2009)

 

 

 

 
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