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REPRESENTATIVE EXPERIENCE

Daniel D. McClurg

Secured US$600,000 attorneys’ fee award on behalf of a nonprofit regional hospital system and ambulatory surgery center in a commercial contract dispute litigated in North Carolina Business Court and successfully defended fee award on appeal to the North Carolina Supreme Court.
Represented one of the largest vending machine operators in the United States in a complex consolidated consumer class action regarding pricing practices and alleged deceptive labeling practices with claims brought under state consumer protection statutes of over 30 states, claims for unjust enrichment, consumer fraud, conversation, and breach of contract.
Represented a medical group and individual physician in a North Carolina Business Court dispute claiming defendants engaged in unfair and deceptive trade practices after the division of medical practice between the physician and former medical partners. Obtained dismissal of the plaintiffs’ claim under North Carolina’s Unfair and Deceptive Trade Practices Act.
Successfully briefed and argued a motion for dismissal of a lawsuit against a hospital system alleging civil rights claims in the Eastern District of North Carolina.
Obtained summary judgment in favor of a hospital system in a commercial contract dispute.
Represented one of the largest waste haulers in the United States in litigation involving claims for breach of a government contract, tortious interference, and unfair and deceptive trade practice claims.
Represented an international energy company in pursuing claim against a rail terminal operator for contamination of polypropylene product in the Western District of North Carolina.
Provided counsel to corporate investors in connection with anticipated acquisitions and post-acquisition disputes.
Brought claims on behalf of a tire manufacturer in a trademark infringement action in the Western District of North Carolina.
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