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)