Ross Fulton

Ross Fulton’s practice is focused primarily on trial, arbitration, and appellate work, with an emphasis in complex business matters. He is admitted to practice in all of the state and federal courts of North Carolina and the United States Court of Appeals for the Fourth Circuit and Sixth Circuit. He has argued before the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Sixth Circuit and the North Carolina Court of Appeals, and has been lead counsel for jury trials in federal and state court.  He was recognized by his peers as 2017 “Legal Elite” in Business North Carolina Magazine’s annual list, in the area of business litigation.  He was selected by North Carolina Super Lawyers magazine for its 2017 edition in the area of business litigation, and as a “Rising Star” in its 2011 through 2016 editions. He is rated “AV® Preeminent™” by Martindale Hubbell Peer Review Ratings.

His litigation practice focuses heavily on commercial and business litigation of all types, including civil litigation relating to the enforcement of non-competition and/or non-solicitation agreements, litigation involving banks and hedge funds, shareholder and member disputes, the ownership of proprietary technology and intellectual property, products liability, trade secrets, unfair trade practices, fiduciary duties, business torts, all manner of contract disputes (including purchases and sales, contractor service agreements, stock option agreements, and distribution and representation agreements), commercial paper and negotiable instruments, injunctions, construction liens and disputes, commercial lease disputes, and North Carolina subpoena issuance and compliance for out-of-state litigation.

Mr. Fulton’s practice also has included the representation of businesses in connection with investigations by the Equal Employment Opportunity Commission. He advises and counsels his clients within the foregoing areas of substantive law with an eye toward general compliance and specific business transactions.

His clients have included individuals, public and privately-held companies, hedge funds, receivers, and trusts.

Bar Admissions

North Carolina, 2003
U.S. District Court for the Western District of North Carolina, 2003
U.S. District Court Eastern District of North Carolina, 2005
U.S. District Court Middle District of North Carolina, 2005
U.S. Court of Appeals 4th Circuit, 2007

U.S. Court of Appeals 6th Circuit, 2015

Education

College of William and Mary School of Law, J.D., 2003
State University of New York, College at Geneseo, B.A., 2000; Pi Sigma Alpha national political science honor society

Honors and Awards

Business North Carolina magazine’s “Legal Elite” 2017 (Business Litigation)

North Carolina Super Lawyers “Rising Star,” 2011-2016, Super Lawyers 2017 (Business Litigation)
Martindale-Hubbell, AV® Preeminent™ Peer Review Rated

 

Associations and Memberships

Bar Candidate Committee for the North Carolina Bar Exam, 2004-2010, 2012-2014, 2016
William Bobbitt American Inn of Court, Charlotte, North Carolina
Mecklenburg County Young Lawyers Division Community Service Committee, 2012-2014
Mecklenburg County Bar CLE Committee Member, 2014-present

Representative Matters

RDLG, LLC v. Leonard, Case No. 1:10-cv-204 (Western District of North Carolina), affirmed by the United States Court of Appeals for the Fourth Circuit, Case No. 15-1153 (4th Cir., May 23, 2016) — As lead counsel, successfully represented plaintiff in obtaining $500,580 jury verdict against defendant for fraud relating to mountain real estate sales.  (January 2015).  In addition, obtained summary judgment in an adversary proceeding in the judgment debtor’s bankruptcy case finding the fraud judgment non-dischargeable.  RDLG, LLC v. Lenoard (In re Leonard), Adv. No. 12-5002 (Bankr. E.D. Tenn., Mar. 14, 2014), affirmed by the Eastern District of Tennessee, Case No. 2:14-CV-173 (E.D. Ten., Mar. 31, 2015), affirmed by the United States Court of Appeals for the Sixth Circuit, Case. No. 15-5452 (6th Cir., Mar. 28, 2016)

DWC 3, Inc. v. Kissel Enterprises, Inc. – Arbitration Award Confirmed in: North Carolina Superior Court, Mecklenburg County (Case No. 13-CVS-12973) (September, 2013) – As lead counsel, successfully represented claimants in AAA arbitration involving an asset purchase agreement, resulting in an award of over $1 million.  Thereafter, successfully obtained summary judgment against a related person for receiving fraudulent transfers from the arbitration award debtors.  DWC 3, Inc. v. Kissel, et al., North Carolina Superior Court, Iredell County (Case No. 14-CVS-262) (September, 2014), affirmed by North Carolina Court of Appeals, Case No. 15-252 (Mar. 15, 2016).

Songwooyarn Trading Co., Ltd. v. Sox Eleven, Inc. and Ung Chul Ahn, Case No. 08-CVS-15546 (N.C. Superior Court) — As lead counsel, successfully represented plaintiff, Korean apparel importer, in complex contract and business tort matter; won $1.1 million-plus judgment, including treble damages, after five-day jury trial requiring multiple Korean interpreters in December 2009; upheld on North Carolina Court of Appeals, 213 N.C. App. 49, 714 S.E.2d 162 (2011), and discretionary review denied by N.C. Supreme Court, 365 N.C. 360, 718 S.E.2d 396 (2011).

Ellison v. Alexander, 207 N.C. App. 401, 700 S.E.2d 102 (2010) — As lead counsel for the defendant, successfully appealed trial court ruling that defendant, as a third-party beneficiary, was not able to enforce an arbitration agreement, and obtained stay of state court litigation.

Young et al. v. Golf Trust of America, Inc. et al., Case No. 4:04-902-25 (U.S. District Court for South Carolina) — Successfully represented defendants, a publicly-traded company and its officers, in complex contract and business tort matter as co-counsel; won on summary judgment as to plaintiffs’ claims, with $3.7 million-plus verdict on defendants’ counterclaims after five-day jury trial in August 2007.

Wachovia Bank, N.A., et al. v. Harbinger Capital Partners Master Fund I, Ltd., et al., 2008 NCBC 6 (N.C. Business Court 2008) — Co-counsel representing hedge funds in litigation arising from loan syndication, affirmed by North Carolina Court of Appeals, 201 N.C. App. 507; 687 S.E.2d 487 (2009).

Dellinger v. Pfizer Inc. and Parke-Davis, Case No. 5:03CV95 (U.S. District Court, Western District of North Carolina) — Successful defense of products liability, personal injury, and unfair trade practices case, won on Daubert motion and summary judgment.

Stiles v. Robbins, et al., Adv. Pro. No. 12-03205 (U.S. Bankruptcy Court, Western District of North Carolina) — Successful motion results in order dismissing all eight claims asserted against defendant client in adversary proceeding.

 

The cases mentioned above are illustrative of the matters handled by the firm. Case results depend upon a variety of factors unique to each case. Not all results are provided, and prior results do not guarantee a similar outcome.