Administrative & Regulatory Law
The power of administrative agencies has grown exponentially over the last few decades. Businesses and individuals now face the necessity of adhering to myriad rules and regulations and can be subjected to both civil and criminal liability when they fail to comply with administrative directives.
MGS has represented both business and individuals before numerous state and federal agencies. We have assisted clients in obtaining guidance from agencies, in ensuring regulatory compliance and in challenging the actions of administrative agencies both in proceedings before administrative law judges and in court.
Compliance, Administrative Litigation
Unfortunately, business activities can give rise to disputes and even litigation. Over the years, MGS has both prosecuted and defended actions involving all manner of commercial claims in both state and federal court, including breach of contract, fraud, unfair trade practices, real property, indemnity, professional negligence and intellectual property cases. Due to our experience, we are able to provide vigorous representation while minimizing the inconvenience to the normal operation of your business.
State and Federal Appeals in Civil Cases, Critical Motions, Amicus Curiae Briefs
Commercial Disputes, Contracts, Real Property
MGS began as a firm that concentrated in representing large "target defendants" in wrongful death and catastrophic injury actions. Though to this day, such cases remain the core of MGS's practice, we have also represented plaintiffs in wrongful death, medical practice, dram shop liability and serious personal injury cases. Our firm has successfully tried countless civil cases to juries, including matters involving allegations of gross negligence and claims for punitive damages. As a result, MGS understands how to effectively litigate high stakes cases involving substantial exposure to damages as well as reputational risks.
MGS attorneys frequently present oral argument before state and federal appellate courts, including the Fourth Circuit Court of Appeals and the North Carolina Supreme Court, and have briefed cases at every level of appeal, including the United States Supreme Court. We are well-versed in the often arcane rules governing appellate litigation, and one of our attorneys sits on the bar committee that aids in the development of North Carolina appellate procedure. In addition to serving as counsel for an appeal, MGS can also assist with briefing critical motions, preserving error in the trial court and drafting amicus curiae briefs.
& Energy Litigation
Wrongful Death, Catastrophic Injuries
Class Actions, Multidistrict Litigation
Representation of Government Officials, Individuals, Businesses and Non-Profits
Our attorneys have been on the forefront of many cutting-edge constitutional law issues. Clients in such cases have included a sitting North Carolina Governor, the Tennessee General Assembly, and individual government officials. Additionally, our attorneys have litigated constitutional law claims in cases among private parties. As a result, MGS can be trusted to provide sound and timely advice whenever civil rights and constitutional law matters are to be litigated.
Class actions create special risks to a corporate defendant and must be managed with great care. Given our experience, we can provide the level of representation needed to engage in the extensive briefing, discovery and legal analysis required by class actions and multidistrict litigation. MGS has even served as class counsel for plaintiffs in a class action, which gives us a unique perspective among defense practitioners.
Construction Defects, Coverage Issues
Whether your construction case is to be decided in a court of law or through arbitration, MGS has the experience to assist you through every step of the process. We have handled cases involving various kinds of alleged construction defects as well as claims for breach of contract and professional negligence in the construction context. We also regularly litigate insurance coverage disputes.
Discrimination Claims, Wage & Hour, OSHA, Noncompete and Trade Secret Agreements
CERCLA, Environmental Exposure, Personal Injury, Contract and Real Property Disputes
MGS possesses extensive experience with the full range of issues that can arise between an employer and an employee, including discrimination and retaliation claims under Title VII and the ADA as well as wage and hour disputes under the Fair Labor Standards Act. We have defended employers before OSHA when accused of retaliation in violation of "whistleblower" laws, have litigated noncompete cases and have handled claims arising under various state employment laws as well. Outside of litigation, MGS attorneys assist employers by advising on myriad employment law issues, including wage and hour compliance questions, and by drafting employment agreements.
MGS has long defended corporate parties in environmental litigation brought under federal and state laws, including the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") - also known as Superfund - and the Clean Air Act. We have also successfully represented parties in cases involving environmental accidents in which parties claimed personal injuries and property damage due to the release of toxic substances.
We additionally practice in the area of energy litigation. Examples of our work in this field range from defense of an electric utility in a case involving allegations of serious personal injuries to representation of corporate parties in disputes arising from utility crossing agreements.
Coverage Issues, "Bad Faith" Claims
MGS has represented both insurance companies and corporate policyholders in numerous coverage disputes, including disputes with parallel state and federal proceedings. In addition to declaratory judgment actions concerning coverage, we have both pursued and defended indemnity and subrogation cases. Our firm has also handled matters involving "bad faith" claims, and we have assisted clients with claims-handling agreements and risk management concerns related to insurance.
Product Liability & Toxic Tort Litigation
Our firm is routinely called upon to defend manufacturers and other corporate defendants in product liability and toxic tort litigation. MGS attorneys have defended and actually tried such cases to conclusion before juries, and we have been honored as Product Liability Law Firm of the Year in North Carolina by Corporate INTL Magazine.
Our clients in this area have included water heater and boiler makers, paper mills, elevator companies, carpet manufacturers, a producer of paints and a multinational technology company. We have also defended railroads sued in toxic tort cases brought under the Federal Employers' Liability Act due to alleged exposure to such agents as asbestos and industrial solvents. In addition, we have handled matters involving the Magnuson-Moss Warranty Act, and we have brought third-party claims against other entities as part of ensuring that our clients are not held responsible for another's wrongdoing.
Product Defects, Warranties
Railroads, Trucking Companies
Since its founding, MGS has been a leader in the area of transportation litigation. We represent both Class I and smaller railroads in grade crossing and other accidents - including accidents with multiple fatalities and catastrophic injuries - as well as in employee injury suits brought under the Federal Employers' Liability Act, where the amount of damages is not capped and is set by a jury. Furthermore, we represent railroads in commercial and real property cases and in actions alleging violation of the Federal Railroad Safety Act. MGS similarly defends trucking companies and other transportation industry clients in personal injury and wrongful death cases and has also handled Carmack Amendment litigation.