Martin is a member of the Complex Litigation Practice Group and primarily focuses on business litigation and defending federal civil rights actions. He also has broad experience litigating disputes in federal and state courts involving contractual obligations, employment agreements, product liability, insurance and policy coverage, and corporate governance.
Martin has successfully guided clients from diverse business and practice areas through comprehensive discovery and aggressive motion practice. He has an extensive background in state appellate courts as well.
Martin is a cum laude graduate of Campbell University School of Law, where he was a member of nationally competitive appellate and trial teams and served as the managing editor of the Campbell Law Review.
Representative Experience
Appellate Practice
Successfully defended homeowners and condominium associations’ interpretation of covenants and governing documents on appeal.
Employment Litigation
Defended and prosecuted litigation involving covenants not-to-compete and no competition agreements.
Corporate Governance/Employment Litigation
Defended corporation and president against claims by former members of setting up a competing organization in violation of agreements.
Corporate Governance
Defended officers & directors of non-profit against claims by members of misappropriation of funds and mismanagement of the organization.
Municipal Liability
Defending town and officers against civil liberties, nuisance, and other state law claims of property damage arising from work done on the property. Federal action was voluntarily dismissed by plaintiffs after defendants’ motion to dismiss was filed.
Tort Litigation
Defended North Carolina hospital and health care provider in diversity action. Successfully defeated “portable tort” theory of personal jurisdiction for hospital and provider.
Appellate Practice
Defended national hotel chain against plaintiff’s motions to revive a dismissed judgment. Appellate court granted motion to dismiss appeal prior to any appellate litigation on underlying claims.
Tort Litigation
Defended national restaurant chain against claims of fraudulent conveyances and creditor litigation.
Tort Litigation
Defended commercial retailers in litigation over compliance with Americans with Disabilities Act.
Insurance Coverage Litigation
Defended insurer against inflated damages claims under a business interruption policy. Case favorably settled before trial.
Municipal Liability
Defending city governments and officers from state law tort claims and federal civil rights claims arising from allegations of improper criminal investigation.
Employment Litigation
Represented a national restaurant chain against former employee’s wrongful termination suit.
Tort Litigation
Represented medical company in action to recover several hundred thousand dollars worth of medical equipment from a warehouseman who wrongfully sold the equipment.
Tort Litigation
Represented insurance agent against claims of unfair and deceptive trade practices.
Products Liability
Defended motor home retailer in suits alleging fraud, lemon law claims, and unfair and deceptive trade practices.
Municipal Liability
Defended a city from employment claims relating to the termination of employment of a police officer. Plaintiff voluntarily dismissed case on eve of hearing on city's motion to dismiss.
Tort Litigation
Defended electric utility company against wrongful death and personals injury claims brought by estates and individuals who contacted energized lines.
Wills & Trust
Represented mother and guardian in claim for abandonment of deceased child by adoptive father. Court agreed with our abandonment claim and awarded mother full value of the estate.
Lawyer Malpractice
Defended Plaintiff's counsel in a spoliation of evidence claim.
Insurance Coverage Litigation
Represented life insurance company in breach of contract action involving disputed suicide claim. Defeated bad faith claim.
Lawyer Malpractice
Represented closely held corporation in achieving writ of certiorari for evaluation of shares.
Lawyer Malpractice
Represented land owner in action to set aside involuntary dismissal.
Insurance Coverage Litigation
Represented professional malpractice insurer in action challenging coverage for a legal malpractice claim against attorneys due to their failure to disclose and timely notify the insurer of the potential malpractice claim against them.
Publications
Gary S. Parsons and D. Martin Warf, The Workplace and the Constitution: Section 1983 Actions Against Government Attorneys, North Carolina Bar Association CLE, Cary, North Carolina, February 2010.
D. Martin Warf, Loose Lips Won’t Sink Ships: Federal Education Rights to Privacy Act After Gonzaga v. Doe, 25 Campbell L. Rev 201 (2003).