828.281.1940

John C. Hunter

ATTORNEY AT LAW

Civil Litigation

Representative Cases:

Save our Rivers, Inc. v. Town of Highlands (341 NC 635, 461 SE 2d 333, 1996)

Practice Area:
Litigation

Description:
Multi-party, complex litigation involving State Agency, Township and citizens group concerning environmental permitting decisions.

Outcome:
Client, Town of Highlands, prevailed in North Carolina Supreme Court.

 

Hodge v. NC Dept. of Transportation (347 NC 602, 499 SE 2d 187, 1998)

Practice Area:
Employment & Labor/Litigation

Description:
Case of first impression decided by the North Carolina Supreme Court following full hearing in the North Carolina Office of Administrative Hearings. Client served as the N.C. Department of Transportation’s Chief Internal Auditor. He was terminated without cause following his purported designation by the new Governor as a policymaking employee.

Outcome:
Client reinstated with payment of full back pay, benefits and attorney fees by order of the North Carolina Supreme Court.

Note: No one case result or outcome is predictive of future success or result.

 

Brookshire v. N.C. DOT, DMV (637 SE 2nd 902, 2006)

Practice Area:
Employment & Labor/Litigation

Description:
Whistleblower action against State Agency brought by employee who was terminated following his cooperation with an investigation into official corruption.

Outcome:
Following a full trial, jury return a verdict in Client’s favor and the Court ordered full reinstatement with payment of all back pay, benefits and attorney fees. State appealed. Verdict and award upheld by N.C. Court of Appeals.

 

City of Asheville v. Aly (757 S.E.2nd 494, 2014)

Practice Area:
Employment & Labor/Litigation

Description:
Client, a career City Police Officer, was terminated due to alleged misconduct outside of work. Following a full administrative hearing and subsequent trial, Client was ordered reinstated with full back pay and benefits by the Asheville Civil Service Board and the Superior Court.

City appealed to the NC Court of Appeals, which affirmed the rulings in favor of the Client. City then appealed to the NC Supreme Court, which refused to hear the appeal, thereby affirming the Court of Appeals ruling in Client’s favor.

Outcome:
City reached a $250,000 monetary settlement with Client following exhaustion of Appeals

 

Russell v. Western Carolina University (NC OAH 15 OSP 02827; 2015)

Practice Area:
Employment & Labor/Litigation

Description:
Client, a career State employee, was terminated due to alleged misconduct. Following a full administrative hearing, Client was ordered reinstated with full back pay and benefits by the North Carolina Office of Administrative Hearings. City appealed to the N.C. Court of Appeals, but the appeal was withdrawn and the judgment on behalf of the Client was fully implemented.

Outcome:
Client reinstated with payment of full back pay, benefits and all attorney fees.

 

City of Asheville v. Frost  (370 NC 590; 2018)

Practice Area:
Employment & Labor/Litigation

Description:
Client, a career City of Asheville Police Officer, was terminated due to alleged use of excessive force during an arrest. Following a full evidentiary hearing, Client was ordered reinstated with full back pay and benefits by the City of Asheville Civil Service Board. The City sought a de novo review of this decision in the Superior Court of Buncombe County but, prior to a trial in this matter, a dispute arose as to the right of the Officer to demand a jury trial. The Superior Court denied the City’s motion to strike the Officer’s demand for a jury trial and the City sought an interlocutory appeal as to that issue in the North Carolina Court of Appeals. That Court reversed the Superior Court, holding that no right to a jury trial existed under the circumstances in question. The Officer then sought review in the North Carolina Supreme Court. In an opinion authored by the Chief Justice, the Supreme Court unanimously held in favor of the Client, reinstating his right to a jury trial.

Outcome:

The decision by the North Carolina Supreme Court guaranteed the right of a City employee to a trial by jury trial in all matters under the Asheville Civil Service Law. Following this ruling by the North Carolina Supreme Court the City reached a full settlement with Client.

 

Davis v. N.C. Dept. of Health & Human Services (N.C. Court of Appeals No. COA19-449; 836 S.E. 344; 2019)

Practice Area:
Employment & Labor/Litigation

Description:
Client, a career State employee, was terminated due to alleged unacceptable conduct related to her job duties. Following a full administrative hearing, Client was ordered reinstated with full back pay and benefits by the North Carolina Office of Administrative Hearings upon a finding of lack of just cause for the termination. The State of North Carolina appealed to the N.C. Court of Appeals, which affirmed the ruling in favor of the Client.

Outcome:
Client reinstated with payment of full back pay, benefits and all attorney fees.