Lorin J. Lapidus

• As a N.C. Board Certified Appellate Practice Specialist and former appellate law clerk, provides strategic counsel to businesses  on properly preserving issues for appellate review, post–trial motion practice, application of the North Carolina Rules of Appellate Procedure, prosecuting and defending against interlocutory appeals, and writing effective appellate arguments
• Serves as appellate counsel for amicus curiae in appeals involving issues of importance for various interest groups and stakeholders 
• Represents businesses and individuals in high–stakes contract disputes, including non–competition agreements as well as statutory and common law tort actions
• Maintains a vibrant pre–trial motion practice in commercial cases involving specialized and emergency pre–judgment relief, including restraining orders, injunctions, attachments, and claim and delivery 

Representative Cases

• Fore v. W. N.C. Conf. of the United Methodist Church, 284 N.C. App. 16, 875 S.E.2d 32 (2022), vacated by 2024 N.C. LEXIS 840 (2024) (convinced the Supreme Court of North Carolina to vacate a Court of Appeals opinion which dismissed the appeal as interlocutory and concluded that a party to a N.C. Safe Child Act lawsuit had no right under the North Carolina Rules of Civil Procedure to be heard in opposition to a motion in the cause to obtain alleged child sexual abuse records belonging to third parties, and no substantial right to appeal that order until after final judgment)
• Duke Univ. Health Sys., Inc. v. N.C. HHS, __ N.C. App. __,  906 S.E.2d 535 (2024) (assisted trial counsel with obtaining the vacation and remand of an ALJ’s order that erroneously granted summary judgment in a contested case because the agency ‘s approval of the application without conducting a public hearing as required by N.C. Gen. Stat. § 131E-185(a1)(2) did not automatically result in per se substantial prejudice under N.C. Gen. Stat. § 150B-23(a)
• Fletcher Hosp. Inc. v. N.C. HHS, 293 N.C. App. 41, 898 S.E.2d 807 (2024) (designed appellate strategy for amicus UNC North Carolina Hospitals at Chapel Hill and University of North Carolina Health Care System that allowed participation in the first amicus oral argument in the Court of Appeals under the new N.C.R. App. P. 28.1, and which essential points assisted the appellants in achieving a published favorable opinion vacating an erroneous summary judgment that misconstrued substantial prejudice law in certificate of need cases)
• Perryman v. Town of Summerfield, 2024 N.C. App. LEXIS 228 (2024) (assisted trial counsel with obtaining the affirmance of a Rule 12(b) dismissal order as nothing the quo warranto statutes provided a mechanism for attacking prior judicial determinations involving a party's claim to public office and thus the complaint was barred by res judicata and collateral estoppel by operation of the dismissal of a prior lawsuit with prejudice)
• Chagaris v. Vandergrift, 894 S.E.2d 292, 2023 N.C. App. LEXIS 758  (2023) (designed and implemented appellate strategy based on preservation rules to secure an affirmance of the trial court’s summary judgment order on plaintiff’s claims for alienation of affection and criminal conversation)
• Cryan v. Nat'l Council of YMCA of the United States, 38 N.C. 569, 2023 N.C. LEXIS 428 (2023) (served as lead appellate counsel and obtained affirmance of Court of Appeals opinion allowing a writ of certiorari to vacate an erroneous three-judge panel transfer order on an issue of constitutional importance, which also reaffirmed two critical principles of appellate procedure and jurisdiction)
• United Daughters of the Confederacy, N.C. v. City of Winston-Salem et. al, 383 N.C. 612, 2022-NCSC-143 (2022) (retained in a newsworthy appeal before the North Carolina Supreme Court which tested the outer limits of standing law in North Carolina and obtained the affirmance of the Court of Appeals’ majority opinion upholding the dismissal of the plaintiff’s declaratory judgment action against our landowner client for lack of standing where The United Daughters failed to sufficiently allege infringement of a legal right with respect to a confederate monument that was previously removed from Winston-Salem’s city center for safety concerns)
• Lakins v. The Western N.C. Conf. of the United Methodist Church, 283 N.C. App. 385, 2022-NCCOA-337, Dillard v. v. The Western N.C. Conf. of the United Methodist Church __ N.C. App. __, 2022-NCCOA-345; Braswell v. v. The Western N.C. Conf. of the United Methodist Church __   N.C. App. __, 2022-NCCOA-343, and Doe G.S. v. The Western N.C. Conf. of the United Methodist Church __ N.C. App. __, 2022-NCCOA-346 (2022) (obtained orders allowing the Children’s Home’s petitions for writs of certiorari and secured vacation of each the trial court’s three-judge panel transfer orders that erroneously concluded that these defendants raised facial challenges to certain disputed portions of the N.C. Safe Child Act instead of the as-applied constitutional challenges actually lodged in their Rule 12(b)(6) dismissal motions)
• Mathis v. Terra Renewal Servs., Inc., No. 3:19-cv-180-RJC-DSC 2021 (2021), Aff’d by Mathis v. Terra Renewal Servs., Inc., 69 F.4th 236 (4th Cir. N.C., June 5, 2023) (served as embedded appellate counsel in district court and assisted with obtaining a directed verdict on plaintiff’s gross negligence claim and the sudden emergency doctrine in catastrophic injury case)
• Cryan v. Nat’l Council of YMCA of the United States et al. 280 N.C. App. 309, 2021 NCCOA-612 (2021) (convinced NC Court of Appeals to grant a discretionary petition for writ of certiorari and obtained reversal of the trial court’s order transferring defendant Kernersville YMCA’s motion to dismiss to a three judge panel. The panel concluded that the trial court committed reversible error because defendants’ dismissal motion raised an as-applied constitutional challenge to a purported statute of limitation revival provision contained in the NC Safe Child Act and therefore a trinity of statutes requiring facial constitutional challenges to be heard by a three-judge panel of superior court judges in Raleigh did not apply)
• Fox v. City of Greensboro et al., 279 N.C. App. 301, 2021-NCCOA-489 (2021) (secured a unanimous affirmance of the trial court’s order granting summary judgment to the individual defendants on plaintiff’s malicious prosecution claim pursuant to the doctrine of governmental immunity as plaintiff failed to offer any competent record evidence that the statements were made maliciously) 
• Crawford v. Town of Summerfield, 276 N.C. App. 275, 2021–NCCOA–73 (2021); designed and implemented appellate briefing strategy which obtained the unanimous affirmance of orders granting our client, the Town of Summerfield’s, motion to dismiss plaintiffs’ quo warranto action for lack of standing and denying plaintiff’s motion to amend their complaint.
• Starlites Tech Corp v. Rockingham County, 270 N.C. App. 71, 840 S.E.2d 231, (2020) N.C. App. LEXIS 135 (2020); obtained supersedeas and reversal of the trial court’s order affirming the Rockingham County Board of Adjustment’s determination that Starlites Tech Corp., violated the county’s amended special use permit requirements by continuing to operate its sweepstakes business because Starlites’ change in ownership did not constitute a change of use as a matter of law.
• Hampton v. Hearn, 269 N.C. App. 397, 838 S.E.2d 650 (2020); assisted trial counsel with obtaining the affirmance of a judgment entered consistent with a jury’s verdict as the trial court correctly instructed the jury on intervening negligence and properly admitted expert witness testimony in a medical negligence case.
• Ironman Med. Props., LLC v. Chodri, 268 N.C. App. 502 836 S.E.2d 682  (2019); obtained reversal and remand for a new trial of a directed verdict order entered in favor of defendant on plaintiff’s claim for breach of fiduciary duty and constructive fraud against a condominium association and its president.  This published opinion addressed an issue of first impression in North Carolina by establishing that a condominium association officer and executive board member carries and imposes a statutory fiduciary duty that is owed to all condominium unit owners, and such unit owner may consequently sue the association and its officer directly. 
• Stewart v. Shipley, 264 N.C. App. 241, 825 S.E.2d 684, disc. rev denied, 372 N.C. 355, 828 S.E.2d 156 (2019); received a unanimous published Court of Appeals opinion which affirmed the trial court’s dismissal order entered in favor of defendants in a medical negligence case on the basis of the appellant’s failure to properly preserve her estoppel arguments for appellate review and the inapplicability of such estoppel doctrine to defendants’ threshold service defense.  
• Kerry Bodenhamer Farms, LLC v. Nature’s Pearl Corp., 2018 NCBC 84 (2018); obtained partial summary judgment for owner of regional neutraceutical company on multimillion dollar attempt to pierce its corporate veil; developed argument to establish that no independent cause of action for breach of the implied covenant of good faith and fair dealing exists under North Carolina’s Uniform Commercial Code, an issue of first impression in the state; orchestrated litigation strategy that defeated partial summary judgment on affirmative defense of revocation of acceptance under the UCC. 
• Manion v. N.C. Medical Board et. al., No. 5–16–cv–63, 2016 U.S Dist. LEXIS 111190 (E.D.N.C (2016), aff’d by 2017 U.S. App. LEXIS 10203 (4th Cir. 2017); served as second chair in defending the North Carolina Physicians Health Program (NCPHP) and its principals from multiple federal and state constitutional and tort claims stemming from official actions taken by NCPHP pursuant to North Carolina General Statute. Obtained a full dismissal order in District Court, which was affirmed by the Fourth Circuit Court of Appeals
• Barbee v. Whap, P.A., 255 N.C. App. 214,  803 S.E.2d 701 (2017); assisted with defending a summary judgment order on appeal entered in favor of healthcare providers in a medical negligence case on the basis of a lack of sufficient evidence of causation and the standard of care. Obtained an affirmance in the North Carolina Court of Appeals
• Stewart v. Shipley, No. COA 17–378, 2017 N.C. App. LEXIS 859 (2017); defended an interlocutory order granting a podiatric practice’s motion to dismiss for lack of personal jurisdiction and insufficient service of process. Achieved dismissal of the appeal for lack of a substantial right pursuant to motion
• Kerry Bodenhamer Farms, LLC v. Nature’s Pearl Corp., 2017 NCBC 27 (2017); represented a regional nutraceutical company against various contract and tort allegations by one of its muscadine grape growers in the North Carolina Business Court. Orchestrated comprehensive legal research and analysis to develop the litigation strategy that obtained partial judgment on the pleadings on several contract theories and all business tort claims including those for Unfair and Deceptive Trade Practices
• Maldjian v. Bloomquist, 782 S.E.2d 121, 2016 N.C. App. LEXIS 121 (2016); served as lead appellate counsel for defendant property owners and received a dismissal order from the North Carolina Court of Appeals allowing the defendants ‘motion to dismiss plaintiffs' interlocutory appeal of an attorney client privilege issue as not affecting a substantial right
• Cornerstone Health Care, P.A. v. Moore, 2015 NCBC 62 (2015); represented former physicians against allegations stemming from a breach of a restrictive covenant by their former employer. Accomplished the vacation of an assignment order to the North Carolina Business Court pursuant to defendants’ objection and opposition of the designation as a mandatory complex business case
• Filipowski v. Oliver, 219 N.C. App. 398, 723 S.E.2d 789 (2012); served as second chair in prosecuting an action against a former spouse alleging claims for alienation of affections and criminal conversation during which defendant unsuccessfully moved to dismiss the claims contending those torts infringed upon her rights under the First and Fourteenth Amendments to the Federal Constitution and the corresponding provisions of the North Carolina Constitution. Orally argued the appeal before a panel of the North Carolina Court of Appeals and obtained an ex mero motu order dismissing defendant’s interlocutory appeal 
• Woods v. Moses Cone Health Sys., 198 N.C. App. 120, 678 S.E.2d 787 (2010); assisted with prosecution of appeal of an order granting, in part, a motion to compel material subject to the peer review privilege in lawsuit against regional healthcare system. Developed strategy and prepared brief that assisted in obtaining reversal of trial court’s order and expounded on the breadth of the peer review privilege codified at N.C. Gen. Stat. § 131E–95 
• Snow v. Wake Forest Univ. Baptist Med. Ctr, No. COA 09–198, 2010 N.C. App. LEXIS 84 (2010); served as co–appellate counsel in defending an appeal of a summary judgment order entered in favor of defendant in negligence lawsuit against major healthcare system on the basis of contributory negligence. Achieved an affirmance in the North Carolina Court of Appeals 
• Lail v. Bowman Gray Sch. Of Med., 196 N.C. App. 355, 675 S.E.2d 370 (2009); assisted with post–trial motions practice, and defense of plaintiff’s appeal from a judgment of dismissal, entered upon the jury's verdict that the minor child was not injured by the negligence of defendants in action against a major hospital system. Researched and prepared the appellee brief that garnered an affirmance of the judgment despite plaintiff’s argument that they were entitled to a new trial because of five purported errors made by the trial court in the admission of evidence