John T. Benjamin, Jr.: Graduated from Boston University Law School in 1991; Graduated from Bucknell University with a Bachelor of Arts in 1988. Licensed by the State of North Carolina in March of 1992; Admitted to Practice in all Federal Courts in North Carolina; Admitted to Practice in the Fourth Circuit Court of Appeals. Member of the North Carolina State Bar Association, Member of the Wake County Bar Association, Member of the American Bar Association; Member of the Litigation Section of the American Bar Association.
Areas of Concentration: Civil Litigation, Risk Assessment, Claims Avoidance, Bank Litigation, Construction Law and Contracts. Mr. Benjamin has handled numerous lawsuits on behalf of banks and servicers in both State and Federal court. Trials in all courts and tribunals and appellate work.
This Firm was opened in 1994 by Mr. Benjamin and represents all sorts of business clients in all tribunals in this state. Mr. Benjamin litigates for large banks, grocers, commercial shopping center owners and large national builders along with smaller local business interests. Mr. Benjamin does a lot of appellate work as part of his practice.
Brown v. Centex Homes — This was a Court of Appeals decision that made new law in North Carolina. The Court adpoted our argument that employees should be covered under an arbitration provision that only specically referenced Centex Homes. This was extremely significant because it allowed the entire dispute to be decided in one forum and changed the manner in which these arbitration provisions were interpretted in this state.
North Carolina Farm Partnership v. PIC — This was a case that dealt with Pig genetics. It went up the Supreme Court in two states on assorted issues. The Court of Appeals handed down a decision that stated that the Court had properly denied the other side's request for a preliminary injunction because it had not met its burden on establishing irreparable harm. It is significant primarily because of the injunction anaylysis.
Edgar Johnson v. Bank of America — We represented Bank of America in this dispute and won this case at the State level three times, Federal Court and the Court of Appeals. This was significant on many fronts as their were mutiple issues invovling foreclosures and challenges to foreclosures raised throughout this litigation.