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Morgan H. Rogers

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Morgan Rogers advises clients on a wide variety of business transactions and disputes. He represents clients in all phases of litigation, including settlement, preliminary motions to dispose of the case, trial and appeal.

Morgan represents clients on a range of issues that include:

  • Real property matters, including those related to leasing, sale and title
  • Construction
  • Trusts and estates
  • Corporate governance, including matters relating to officers, directors, shareholders, members and managers of various business entities
  • Breach of contract claims
  • Fiduciary relationships
  • Banking litigation, including disputes related to checks and equipment leasing
  • Liability related to billing practices, including claims under the North Carolina debt collector statutes
  • Unfair competition and defamation claims

Results By the Numbers

  • 0 Parker Poe Attorneys Named 2015 NC Rising Stars
  • 0 Attorneys in 7 offices

Representative Experience

Real Property and Construction

  • Won summary judgment in lawsuit alleging that builder improperly interfered with a vendor’s relationship with its employee, misappropriated trade secrets, stole property, committed fraud and engaged in unfair and deceptive trade practices
  • Obtained first “Torrens” Decree in Mecklenburg County history, securing incontestable title to land for developer client
  • Midway through trial, obtained favorable settlement of declaratory judgment claim, alleging that a section of our clients’ property was a publicly dedicated street
  • Successfully resolved disputes over earnest money in purchase contracts
  • Obtained summary judgment in favor of a national homebuilder, dismissing the plaintiffs’ claims for violation of North Carolina Sedimentation and Pollution Control Act, Landfill Act, negligence, breach of contract, and breach of implied warranties arising out of erosion of slope next to plaintiffs’ house
  • Won summary judgment for landlord client, ejecting tenant who claimed an option to purchase the properties at issue
  • Obtained summary judgment in two separate actions alleging that homebuilder violated the covenants, conditions and restrictions
  • Obtained summary judgment dismissing claims by group of homeowners that homebuilder misrepresented setbacks and neighborhood amenities; obtained dismissal of appeal filed with the North Carolina Court of Appeals
  • Successfully defended motions for injunctions in alleged adverse possession case, which was later dismissed by the plaintiffs
  • Resolved claims related to construction liens and alleged faulty construction
  • Obtained favorable arbitration ruling on homebuilder’s construction claims against subcontractor
  • Won dozens of small claims trials in commercial landlord-tenant disputes

Trusts and Estates

  • Obtained summary judgment in caveat litigation (will contest), defeating claims of undue influence, lack of capacity and revocation by subsequent will; the court’s order provides that the will propounded by our client controls, and awards attorneys’ fees against opposing party and estate
  • On behalf of trust beneficiary, negotiated termination of trust, significant payment of trust corpus to beneficiary and settlement of lawsuit alleging that trustee failed to appropriately make trust distributions
  • Reached favorable settlement in two companion estate disputes involving numerous beneficiaries and alleged fiduciary duty violations
  • Participated in settlement on behalf of trustees in lawsuit brought by ex-wife seeking assets held in trust for the beneficiary ex-husband
  • Reached favorable settlement in lawsuit alleging breach of fiduciary duty claims against executor of estate and attorney-in-fact under power of attorney

Other Commercial Matters

  • Granted summary judgment award that included triple damages to client arising out of wire transfer scam
  • Obtained summary judgment dismissing bank client in lawsuit alleging that loan documents were invalid
  • Handled dozens of cases defending banks from claims related to the negotiable instruments provisions of the Uniform Commercial Code
  • Successfully defeated motion to dismiss filed in federal court on claims for tortious interference with prospective economic advantage, unfair competition, defamation and slander per se
  • Tried various cases and arbitrations, including cases with real property claims, breach of contract claims and negligence claims
  • Obtained summary judgment in litigation arising out of public-private partnership

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Honors & Awards

  • Benchmark Litigation, Under 40 Hot List, 2016
  • North Carolina Super Lawyers Rising Star in Business Litigation, 2013-2017

Memberships

  • Community School of the Arts, Board of Directors, 2012-present; Governance Chair, 2013-2015, Vice Chair/Chair Elect, 2015-2016; Chair, 2016
  • Urban Land Institute, Member, 2016
  • Bechtler Museum of Modern Art, Member, Bechtler Young Visionaries, 2013-present; Steering Committee Member, Bechtler Young Visionaries, 2013; Apprentice to Board of Directors, 2011-2012; Programming Committee, 2011-2012
  • Arts & Science Council, Cultural Leadership Training (CLT) Program Participant, 2010-2011
  • Chief Justice William H. Bobbitt American Inn of Court, Membership Chair, 2013; Member, 2007-present
  • South Carolina Law Review, Editorial Board