R. Hayes Hofler, III

Email:  hayeshofler@hoflerlaw.com

Phone:  (919) 682-9663

Fax:  (919) 682-2016

 

Education:

  • University of Virginia School of Law, Charlottesville,
    VA Doctor of Jurisprudence, 1974
  • Wake Forest University, Winston Salem, NC,
    Bachelor of Arts, cum laude, 1968

Military Service:

  • Sergeant (E-5), First Battalion, Third Infantry (“The Old Guard”), 1968-1970

Bar Admissions:

  • North Carolina, 1974
  • U.S. Court of Appeals 4th Circuit, 1974
  • U.S. District Court Eastern District of North Carolina, 1974
  • U.S. District Court Middle District of North Carolina, 1974
  • U.S. Supreme Court, 1979
  • U.S. District Court Western District of North Carolina, 1993

Areas Of Practice:

    CIVIL LITIGATION & APPEALS IN ALL STATE AND FEDERAL TRIAL COURTS AND COURTS OF APPEAL:

Business & Commercial Litigation – injury or damage arising from breach of contract, business fraud, breach of fiduciary duty, unfair competition; including shareholder derivative suits, contested state receiverships, federal bankruptcy adversary proceedings

Personal Injury or Wrongful Death – caused by negligent or reckless conduct of individuals or corporate entities in the areas of: vehicular collisions, premises slip & fall, other premises liability, recreational liability, ski and other resort liability

Products Liability – against manufacturers, distributors, and retailers for negligence, reckless conduct, and/or breach of warranty in the manufacture and distribution of defective or dangerous products

Probate and Estate Litigation – injury or damage arising from broken wills or trusts, violation of breach of fiduciary duty, negligence or reckless conduct of fiduciaries or other interested parties 

Building and Construction Litigation – representing homeowners, landowners, general contractors, sub-contractors; defense or prosecution of unworkmanlike conduct, breach of construction contracts, negligent construction, fraud or unfair or deceptive trade practices

Family Law – mediation or trial of large estate equitable distribution of marital assets, spousal support, difficult child custody cases (for which family counseling and mediation is always recommended, with trial as a very last resort)

Certifications/Honors/Experience:

Martindale-Hubbell Av Preeminent Rating1984-present; Martindale-Hubbell Bar Register of Preeminent Lawyers 1999-Present; American Association for Justice; North Carolina Advocates for Justice; Federal Bar Association; North Carolina Bar Association; ;North Carolina State Bar; Civil Trial Advocate, National Board of Trial Advocacy; Advocate, National College of Advocacy; NCBA-Appellate Rules Committee-helped draft recommendations to Supreme Court that led to elimination of burdensome assignments of error requirement in appeals process; Substantial, Substantive and Successful Experience in Appellant and Appellee Appeals in State and Federal Courts of Appeals since 1974

Selected Reported Appellate and Federal Cases:

Starkey Paint Co., Inc. v. Springfield Life Ins. Co., Inc.,

24 N.C.App. 507, 211 S.E.2d 498 (1975)

  • Seeman Printery, Inc. v. Schinan,

34 N.C.App. 637, 239 S.E.2d 744 (1977)

  • Hart v. Warren,

46 N.C.App. 672, 266 S.E.2d 53 (1980)

  • Norwood v. Sherwin-Williams Co.,

303 N.C. 462, 279 S.E.2d 559 (1981)

  • North Carolina Nat. Bank v. Robinson,

78 N.C.App. 1, 336 S.E.2d 666, 42 UCC Rep. Serv. 579 (1985)

  • Nationwide Mut. Ins. Co. v. Massey,

82 N.C.App. 448, 346 S.E.2d 268 (1986)

  • Meade v. Meade,

812 F.2d 1473 (U.S. Court of Appeals, 4th Cir. 1987)

  • D. W. Ward Const. Co., Inc. v. Adams,

90 N.C.App. 241, 368 S.E.2d 31 (1988)

  • Electric Supply Co. v. Swain Elec. Co.,

328 N.C. 651, 403 S.E.2d 291 (1991)

  • Friend-Novorska v. Novorska,

163 N.C.App. 776, 594 S.E.2d 409 (2004)

  • Strawbridge v. Sugar Mountain Resort, Inc.,

320 F.Supp.2d 425 (WDNC 2004)

  • Locklear v. Pers. County Bd. of Educ.,

2006 U.S. Dist. LEXIS 42203 (MDNC 2006)

  • Mitchell v. Norwich,

199 N.C.App. 392, 681 S.E.2d 520 (2009)

  • Curtis B. Pearson Music Company v. Everitt,

368 Fed. Appx. 450 (U.S. Court of Appeals, 4th Cir. 2010)

  • Rodgers v. Preferred Carolinas Realty, Inc.,

2015 U.S. Dist. LEXIS 85651 (EDNC 2015)