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C Teacher

Location:
Durham, NC
Posted:
December 11, 2012

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Resume:

STEWART W. FISHER

Glenn, Mills, Fisher & Mahoney, P.A.

PO Drawer 3865

Durham, NC 27702

919-***-****

abp80g@r.postjobfree.com

EDUCATION:

Duke University: BA - History (1972)

Magna Cum Laude

Phi Beta Kappa

Yale University: MA - History (1973)

University of North Carolina at Chapel Hill: JD with Honors (1982)

Notes and Comments Editor

North Carolina Journal of International Law and Commercial Regulation

WORK EXPERIENCE:

1976 - 1979 Carolina Friends School, Durham, NC - Spanish, Social Studies, and English

Teacher

1982 - 1985 Haywood, Denny & Miller, Attorneys at Law, Durham, NC - Associate

1986 - Glenn, Mills, Fisher & Mahoney, P.A., Attorneys at Law, Durham, NC -

Partner

PROFESSIONAL ASSOCIATIONS:

North Carolina Academy of Trial Lawyers

American Association for Justice

National Employment Lawyers Association

North Carolina Bar Association

American Bar Association

American Civil Liberties Union

Duke University School of Law Pro Bono Project Supervisor (1994 - Present)

University of North Carolina School of Law Pro Bono Clinic Supervisor (1996 - Present)

North Carolina Central University Trial Advocacy Instructor (1991)

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PROFESSIONAL LICENSES:

North Carolina Supreme Court (1982)

US District Court for the Middle District of North Carolina (1982)

US District Court for the Eastern District of North Carolina (1983)

US District Court for the Western District of North Carolina (1997)

US Court of Appeals for the Fourth Circuit (1993)

US Court of Appeals for the District of Columbia (2007)

US Supreme Court (1997)

HONORS AND AWARDS:

1997- Awarded AV Rating by Martindale and Hubbell.

1998- Board Certification in Civil Trial Advocacy by

National Board of Trial Advocacy

1998/99- Listed in Who s Who in American Law

2004 Listed as one of America s Leading Lawyers for Business

by Chambers USA

2005- Selected as member of the Legal Elite (Employment

Law) (Listed as Top 100 lawyers in NC 2005) by Business North Carolina

2007- Listed in The Best Lawyers in America in Labor and Employment Law

2007- Selected as N.C. Super Lawyer (Top 100 lawyers in NC 2010)

PUBLICATIONS AND PRESENTATIONS:

The US Supreme Court says No to Equal Protection for Puerto Rico, North Carolina Journal

of International Law and Commercial Regulation (1982).

Doing Business in Mexico, North Carolina Journal of International Law and Commercial

Regulation (1982).

Preparation of an Automobile Accident Case: Reconstructing the Crash, NCATL Seminar,

Auto Torts, Durham, NC (January 11, 1991).

Disproving Defense Claims of No Injury, North Carolina Manual of Personal Injury Medicine,

NCATL (1993).

Discrimination Law from the Plaintiff s Perspective, North Carolina Bar Association Seminar,

Employment Law, Greensboro, NC (April, 1995).

Closing Argument: Can You Really Win Your Case in Closing if You Haven t Won it

Already?, NCATL Seminar, Personal Injury Law, Greensboro, NC (March, 1997).

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An Outline of Local Government Liability: Immunity and Insurance Issues from the Plaintiff s

Perspective, NCATL Seminar, Suing the Sovereign, Raleigh, NC (May 2, 1997).

Damages from the Plaintiff s Perspective, American Bar Association Seminar, Basic Equal

Employment Opportunity Law and Procedures, Charlotte, NC (April 29, 2000).

Bringing Employment Claims in State Court (Oral presentation; manuscript by Robert Elliott),

NCATL Seminar, Convention 2000, Sunset Beach, NC (June 20, 2000).

Intentional Trespass to Person and Property, Wake Forest University School of Law Seminar,

North Carolina Tort Law, Raleigh, NC (February 14, 2003).

Race Discrimination Claims, Wake Forest University School of Law Seminar, Employment

Law, Raleigh, NC (October 2, 2003).

2003-04 Employment Law Update (Oral presentation; manuscript by Amy Reeder), NCATL

Seminar, Convention 2004, Sunset Beach, NC (June 16, 2004).

Jury Instructions in Discrimination Cases, NCATL Seminar, Employment Law 2005, Raleigh,

NC (May 13, 2005).

2004-05 Employment Law Update, NCATL Seminar, Convention 2005, Sunset Beach, NC

(June 20, 2005).

Discovery Strategies in Employment Cases, NCATL Seminar, Employment Law 2006,

Raleigh, NC (May 12, 2006).

What Makes a Million Dollar Case, NC Bar Association, Labor and Employment Law

Newsletter, Vol. 24, No. 3 (2006).

Employment Litigation, NCATL, Manual of Complaints (2006).

Federal Employment Law Update, NCATL Seminar, Convention 2007, Sunset Beach, NC

(June 18, 2007).

Minding Your Business: Making a Living in Employment Law, NCATL Seminar,

Employment Law 2008, Raleigh, NC (February 8, 2008).

I am a Plaintiff s Lawyer and I m Here to Help, Capital Associated Industries Seminar, 2008

Labor & Employment Law Update, Raleigh, NC (May 21, 2008).

Federal Employment Law Update, NCATL Seminar, Convention 2008, Sunset Beach, NC

(June 14, 2008).

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Federal Employment Law Update, NCAJ Seminar, Convention 2009, Sunset Beach, NC (June

21, 2009)

Federal Employment Law Update, NCAJ Seminar, Convention 2010, Wilmington, NC (June

21, 2010)

JURY VERDICTS:

Industrial Innovators, Inc. v. Myrick-White, Inc. (Durham County Superior Court, 1993)

Jury award of $600,000 for misappropriation of computer technology trade secrets.

Watson v. Dixon and Duke University (Durham County Superior Court, 1998)

Jury award of $605,000 for intentional infliction of emotional distress sexual

harassment.

Smith v. Nello L. Teer Co., 97CVS2107 (Durham County Superior Court, 1999)

Jury award of $2 million for race discrimination.

Hinton v. Conner, Montford and City of Durham (US District Court MDNC, 2005)

Jury award of $1.59 million for First Amendment retaliation against City employee.

Phelps v. Carter (US District Court MDNC, 2009) with Carlos Mahoney

Jury award of $850,000 for shooting of soldier by deputy sheriff. Case settled for $1.25

million after verdict.

REPORTED CASES:

Williams v. New Hope Foundation, Inc., 192 N.C.App. 528, 665 S.E. 2d 586 (2008)

(Upholding award of $25,000 in attorney s fees on judgment of $72 dollars in wage and hour

claim.)

Massasoit v. Carter, 439 F. Supp. 643 (M.D.N.C. 2006), affirmed, 2007 WL 3390462 (4th

Cir. 2007) (Denying qualified immunity to deputy sheriff who shot Special Forces soldiers after

a traffic stop).

Jones v. City of Durham, 361 N.C. 144, 638 S.E.2d202 (2006) (Recognizing gross

negligence claims against police officers after police chase).

Hinton v. Conner, 366 F.Supp. 2d 297 (M.D.N.C. 2005) (Denying summary judgment to

city in First Amendment retaliation case).

Hinton v. Conner, 225 F.R.D. 513 (M.D.N.C. 2005) (Requiring city to respond to request

for personnel information).

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Lassiter v. Cohn, 359 N.C.App. 633, 607 S.E.2d 688, review denied, 359 N.C. 633, 61

S.E. 2d, 686 (2005) (Dismissing claims against police officer based on public duty doctrine).

Johnson v. Bd. Of Trustees of Durham Technical Community College, 157 N.C.App. 38,

577 S.E.2d 670 (2003) (Holding after-acquired evidence did not bar teacher s disability

discrimination claim).

Johnson v. Harris, 149 N.C.App. 928, 563 S.E.2d 224 (2002) (Reversal of Rule 11

sanctions against civil rights attorneys).

Johnson v. Trustees of Durham Technical Community College, 139 N.C.App. 676, 535

S.E.2d 357, review denied, 353 N.C. 265, 546 S.E.2d 101 (2000) (Reversal of directed verdict

on teacher s claims under Americans with Disabilities Act).

Watson v. Dixon, 352 N.C. 343, 532 S.E.2d 17 (2000)(Upholding $605,000 jury verdict

for intentional infliction of emotional distress, including separate punitive damages claim against

corporate defendant, Duke University).

Williams v. Holsclaw, 128 N.C.App. 205, 495 S.E.2d 166 (1998) (Amicus brief for

NCATL with respect to claim of sovereign immunity by uninsured motorist carrier).

ACT-UP Triangle v. Commission for Health Services of the State of N.C., 345 N.C. 699,

483 S.E.2d 388 (1997) (Holding that citizen organization may file constitutional challenge under

Administrative Procedures Act).

Moore v. City of Creedmoor, 345 N.C. 356, 481 S.E.2d 14 (1997) (Reversing grant of

summary judgment and returning claims for trial in civil rights case against town and police

chief for violation of First Amendment rights).

Byers v. North Carolina Sav. Institutions Div., 123 N.C.App. 689, 474 S.E.2d 404 (1996)

(Affirming denial of motion to dismiss in class action suit on behalf of depositors in savings and

loan).

Henson v. Liggett Group, Inc., 61 F.3d 270 (4th Cir. 1995) (Upholding dismissal of claims

for age discrimination, ERISA discrimination, and common law discharge claims).

Iturbe v. Wandel and Golterman Technologies, Inc., 23 F.3d 401 (4th Cir. 1994)

(Unpublished decision upholding dismissal of claims for sex and national origin discrimination).

Durham City Bd. of Educ. v. National Union Fire Ins. Co., 109 N.C.App. 152, 426

S.E.2d 451, petition for disc. review denied, 333 N.C. 790, 431 S.E.2d 22 (1993) (Affirming

existence of insurance coverage for negligence claims against school board in case where teacher

raped student).

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Requeno v. Integon General Ins. Corp., 332 N.C. 339, 421 S.E.2d 784 (1992) (Amicus

brief for NCATL in uninsured motorist case).

Jarrell v. Town of Topsail Beach, 105 N.C.App. 331, 412 S.E.2d 680 (1992) (Affirming

that action for right to use beach under Disabled Persons Protection Act may be brought in

disabled plaintiff s county of residence).

Industrial Innovators, Inc. v. Myrick-White, Inc., 99 N.C.App. 42, 392 S.E.2d 425,

petition for disc. review denied, 327 N.C. 483, 397 S.E.2d 219( 1990) (Affirming that arbitration

award supports damages for wrongful injunction in case involving theft of trade secrets).

Taborn v. Hammonds, 324 N.C. 546, 380 S.E.2d 513 (1989) (Affirming administrative

dismissal of teacher s claims for improper dismissal).

Taborn v. Hammonds, 83 N.C.App. 461, 350 S.E.2d 880 (1986) (Holding that

probationary teacher has right to new hearing for improper dismissal under Teacher Tenure Act).

University Motor Lodge, Inc. v. Owens, 79 N.C.App. 152, 338 S.E.2d 823 (1986)

(Upholding jury verdict in negligence case and rejecting claim of contributory negligence).

Colony Hill Condominium I Ass'n v. Colony Co., 70 N.C.App. 390, 320 S.E.2d 273

(1984) (Affirming dismissal of fire loss claims relying on statute of repose defense).

Peloquin Associates, P.A. v. Polcaro, 61 N.C.App. 345, 300 S.E.2d 477 (1983)

(Affirming decision to compel arbitration).

PERSONAL:

Married to Melinda Ruley

Children: Kira, Amos, Emily, Henry, and Rose

HOBBIES:

Fishing and Gardening



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