Thomas E. Kelly

Served as co-first-chair over three-week bench trial appealing award of certificate of need to develop home health facility. Argued pre-trial motions, conducted witness examinations, and presented closing argument. Prior to trial, managed extensive electronic discovery, conducted depositions, and engaged in substantial motions practice.

Represented the largest single-specialty allergy practice in the United States against a False Claims Act action brought by former employee. Managed substantial electronic discovery and assisted with settlement negotiations with the Department of Justice.

Represented South Florida physician practice in dispute with North Carolina-based hospital system. Issues involved anti-competitive restrictive covenants and misappropriation of trade secrets by the hospital system.

Conducted an internal investigation of a hospital-run daycare facility following suspension of license, which resulted in reversal of adverse determination.

Advised and represented a nationwide chain of methadone clinics in variety of regulatory and litigation matters, including response to an EEOC complaint and investigation.

Represented the Secretary of the North Carolina Department of Health and Human Services in a nine-week federal bench trial involving claims under the Americans with Disabilities Act and the CMS Medicaid Waivers. Secured favorable judgment on all claims at trial.

Defended the North Carolina legislative leadership in several constitutional disputes before the North Carolina Supreme Court, ranging from school vouchers to composition of the State Board of Elections.

Represented commercial real estate clients, including solar farm developers, in land use and rezoning regulation matters. Appeared before local zoning boards and city councils seeking or opposing rezoning, special or conditional use permits, and variances.