Dan is Chair of the firm's Litigation practice group and has spent 17 years representing corporations in all types of commercial disputes in state and federal court, and through alternative dispute resolution. He focuses his practice on complex commercial disputes, representation of banks and financial institutions in all types of litigation including lender liability claims and challenges to mortgage collateral. He also represents commercial landlords, handles construction litigation and contract revision. Dan also represents land owners and condemning authorities in eminent domain actions. From 2001 to 2009, Dan devoted a portion of his time to working as a staff attorney in the legal department of a national construction materials company.
Pete Fortner, PLLC v. Koonce, Wooten & Haywood, LLP, 713 S.E. 2nd 793 (2011) - We successfully represented an accounting firm in a suit by a competitor for claims including tortious interference with contract and unfair trade practices. The trial court initially dismissed three claims and later granted summary judgment on the tortious interference and unfair trade claims. The North Carolina Court of Appeals unanimously affirmed the trial court.
North Carolina Department of Transportation v. Martin Marietta Materials, Inc. (2005) - Obtained verdict in excess of $3 million for landowner in highway condemnation action.
P.R. Chunk, Inc. v. Martin Marietta Materials, Inc. (2004) - Co-counsel for Martin Marietta in patent royalty dispute where plaintiff initially sought $496,000,000. Jury awarded plaintiff $0. Trial verdict affirmed by Fourth Circuit Court of Appeals. P.R. Chunk, Inc. v. Martin Marietta Materials, Inc., 2006 U.S. App. LEXIS 5812 (4th Cir. 2006).
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Moore County Airport Authority v. O’Malley (2002) - Obtained defense verdict for airport authority in condemnation action.
Don's Auto Service, v. Town of Holly Springs, 2001 U.S. App. LEXIS 21673 (4th Cir. 2001) - Successfully defended Town in Section 1983 action brought by business owner.
Obtained a $5.5 million settlement in 2003 against the North Carolina Department of Transportation while representing a national bridge building company.
Firm Management Responsibilities
Dan is the Chair of the firm's Litigation Section.
Prior Legal ExperiencePrior to joining Poyner Spruill in 2001, Dan worked for the Sanford Holshouser Law Firm and Finkelstein & Diab, PLLC, both in Raleigh.