Our Durham, NC Attorneys: Stewart W. Fisher

STEWART W. FISHER
Glenn, Mills, Fisher & Mahoney, P.A.
PO Drawer 3865
Durham, NC 27702
(919) 683-2135
sfisher@gmf-law.com

Education:

Duke University: BA - History (1972)
Magna Cum Laude
Phi Beta Kappa
Yale University: MA - History (1973)
University of North Carolina at Chapel Hill: JD with Honors (1982)
Notes and Comments Editor
North Carolina Journal of International Law and Commercial Regulation

Work Experience:

1976 - 1979 Carolina Friends School, Durham, NC - Spanish, Social Studies, and English Teacher
1982 - 1985 Haywood, Denny & Miller, Attorneys at Law, Durham, NC - Associate
1986 - Glenn, Mills, Fisher & Mahoney, P.A., Attorneys at Law, Durham, NC - Partner

Professional Associations:

North Carolina Academy of Trial Lawyers
American Trial Lawyers Association
National Employment Lawyers Association
North Carolina Bar Association
American Bar Association
American Civil Liberties Union
Duke University School of Law Pro Bono Project Supervisor (1994 - Present)
University of North Carolina School of Law Pro Bono Clinic Supervisor (1996 - Present)
North Carolina Central University Trial Advocacy Instructor (1991)

Professional  Licenses:

North Carolina Supreme Court (1982)
US District Court for the Middle District of North Carolina (1982)
US District Court for the Eastern District of North Carolina (1983)
US District Court for the Western District of North Carolina (1997)
US Court of Appeals for the Fourth Circuit (1993)
US Supreme Court (1997)

Honors and Awards:

1997- Awarded AV Rating by Martindale and Hubbell.
1998- Board Certification in Civil Trial Advocacy by National Board of Trial Advocacy
1998/99- Listed in Who’s Who in American Law
2004- Listed as one of “America’s Leading Lawyers for Business”
by Chambers USA
2005- Selected as member of the “Legal Elite” (Employment
Law) (Top 100 lawyers in NC 2005) by Business North Carolina
2007- Listed in The Best Lawyers in America in Labor and Employment Law
2007- Selected as N.C. Super Lawyer (Top 100 attorneys in N.C.)

Publications and Presentations:

“The US Supreme Court says “No” to Equal Protection for Puerto Rico,” North Carolina Journal of International Law and Commercial Regulation (1982).
“Doing Business in Mexico,” North Carolina Journal of International Law and Commercial Regulation (1982).
“Preparation of an Automobile Accident Case: Reconstructing the Crash,” NCATL Seminar, Auto Torts, Durham, NC (January 11, 1991).
“Disproving Defense Claims of No Injury,” North Carolina Manual of Personal Injury Medicine, NCATL (1993).
“Discrimination Law from the Plaintiff’s Perspective,” North Carolina Bar Association Seminar, Employment Law, Greensboro, NC (April, 1995).
“Closing Argument: Can You Really Win Your Case in Closing if You Haven’t Won it Already?”, NCATL Seminar, Personal Injury Law, Greensboro, NC (March, 1997
“An Outline of Local Government Liability: Immunity and Insurance Issues from the Plaintiff’s Perspective,” NCATL Seminar, Suing the Sovereign, Raleigh, NC (May 2, 1997).
"Damages from the Plaintiff’s Perspective,” American Bar Association Seminar, Basic Equal Employment Opportunity Law and Procedures, Charlotte, NC (April 29, 2000).
“Bringing Employment Claims in State Court” (Oral presentation; manuscript by Robert Elliott), NCATL Seminar, Convention 2000, Sunset Beach, NC (June 20, 2000).
“Intentional Trespass to Person and Property,” Wake Forest University School of Law Seminar, North Carolina Tort Law, Raleigh, NC (February 14, 2003).
“Race Discrimination Claims,” Wake Forest University School of Law Seminar, Employment Law, Raleigh, NC (October 2, 2003).
“2003-04 Employment Law Update” (Oral presentation; manuscript by Amy Reeder), NCATL Seminar, Convention 2004, Sunset Beach, NC (June 16, 2004).
“Jury Instructions in Discrimination Cases,” NCATL Seminar, Employment Law 2005, Raleigh, NC (May 13, 2005).
“2004-05 Employment Law Update,” NCATL Seminar, Convention 2005, Sunset Beach, NC (June 20, 2005).
“Discovery Strategies in Employment Cases,” NCATL Seminar, Employment Law 2006, Raleigh, NC (May 12, 2006).
“What Makes a Million Dollar Case,” NC Bar Association, Labor and Employment Law Newsletter, Vol. 24, No. 3 (2006).
“Employment Litigation,” NCATL, Manual of Complaints (2006).

Jury Verdicts:

Industrial Innovators, Inc. v. Myrick White, Inc. (Durham County Superior Court, 1993)
Jury award of $600,000 for misappropriation of computer technology trade secrets.
Watson v. Dixon and Duke University (Durham County Superior Court, 1998)
Jury award of $605,000 for intentional infliction of emotional distress– sexual harassment.
Smith v. Nello L. Teer Co. (Durham County Superior Court, 1999)
Jury award of $2 million for race discrimination.
Hinton v. Conner, Montford and City of Durham (US District Court– MDNC, 2005)
Jury Award of $1.59 million for First Amendment retaliation against City employee.

Reported Cases:

Jones v. City of Durham, 361 N.C. 144, 638 S.E.2d202 (2006) (Recognizing gross negligence claims against police officers).
Hinton v. Conner, 366 F.Supp. 2d 297 (M.D.N.C. 2005) (Denying S.J. to City in First Amendment retaliation case).
Hinton v. Conner, 225 F.R.D. 513 (M.D.N.C. 2005) (Requiring City to respond to request for personnel information).
Lassiter v. Cohn, 359 N.C.App. 633, 607 S.E.2d 688, review denied, 359 N.C. 633, 61 S.E. 2d, 686 (2005) (Dismissing claims against police officer based on public duty doctrine).
Johnson v. Bd. Of Trustees of Durham Technical Community College, 157 N.C.App. 38, 577 S.E.2d 670 (2003) (Holding after-acquired evidence did not bar teacher’s disability discrimination claim).
Johnson v. Harris, 149 N.C.App. 928, 563 S.E.2d 224 (2002) (Reversal of Rule 11 sanctions against civil rights attorneys).
Johnson v. Trustees of Durham Technical Community College, 139 N.C.App. 676, 535 S.E.2d 357, review denied, 353 N.C. 265, 546 S.E.2d 101 (2000) (Reversal of directed verdict on teacher’s claims under Americans with Disabilities Act).
Watson v. Dixon, 352 N.C. 343, 532 S.E.2d 17 (2000)(Upholding $605,000 jury verdict for intentional infliction of emotional distress, including separate punitive damages claim against corporate defendant, Duke University).
Williams v. Holsclaw, 128 N.C.App. 205, 495 S.E.2d 166 (1998) (Amicus brief for NCATL with respect to claim of sovereign immunity by uninsured motorist carrier).
ACT UP Triangle v. Commission for Health Services of the State of N.C., 345 N.C. 699, 483 S.E.2d 388 (1997) (Holding that citizen organization may file constitutional challenge under Administrative Procedures Act).
Moore v. City of Creedmoor, 345 N.C. 356, 481 S.E.2d 14 (1997) (Reversing grant of summary judgment and returning claims for trial in civil rights case against town and police chief for violation of First Amendment rights).
Byers v. North Carolina Sav. Institutions Div., 123 N.C.App. 689, 474 S.E.2d 404 (1996) (Affirming denial of motion to dismiss in class action suit on behalf of depositors in savings and loan).
Henson v. Liggett Group, Inc., 61 F.3d 270 (4th Cir. 1995) (Upholding dismissal of claims for age discrimination, ERISA discrimination, and common law discharge claims).
Iturbe v. Wandel and Golterman Technologies, Inc., 23 F.3d 401 (4th Cir. 1994) (Unpublished decision upholding dismissal of claims for sex and national origin discrimination).
Durham City Bd. of Educ. v. National Union Fire Ins. Co., 109 N.C.App. 152, 426 S.E.2d 451, petition for disc. review denied, 333 N.C. 790, 431 S.E.2d 22 (1993) (Affirming existence of insurance coverage for negligence claims against school board in case where teacher raped student).
Requeno v. Integon General Ins. Corp., 332 N.C. 339, 421 S.E.2d 784 (1992) (Amicus brief for NCATL in uninsured motorist case).
Jarrell v. Town of Topsail Beach, 105 N.C.App. 331, 412 S.E.2d 680 (1992) (Affirming that action for right to use beach under Disabled Persons Protection Act may be brought in disabled plaintiff’s county of residence).
Industrial Innovators, Inc. v. Myrick White, Inc., 99 N.C.App. 42, 392 S.E.2d 425, petition for disc. review denied, 327 N.C. 483, 397 S.E.2d 219( 1990) (Affirming that arbitration award supports damages for wrongful injunction in case involving theft of trade secrets).
Taborn v. Hammonds, 324 N.C. 546, 380 S.E.2d 513 (1989) (Affirming administrative dismissal of teacher’s claims for improper dismissal).
Taborn v. Hammonds, 83 N.C.App. 461, 350 S.E.2d 880 (1986) (Holding that probationary teacher has right to new hearing for improper dismissal under Teacher Tenure Act).
University Motor Lodge, Inc. v. Owens, 79 N.C.App. 152, 338 S.E.2d 823 (1986) (Upholding jury verdict in negligence case and rejecting claim of contributory negligence).
Colony Hill Condominium I Ass'n v. Colony Co., 70 N.C.App. 390, 320 S.E.2d 273 (1984) (Affirming dismissal of fire loss claims relying on statute of repose defense).
Peloquin Associates, P.A. v. Polcaro, 61 N.C.App. 345, 300 S.E.2d 477 (1983) (Affirming decision to compel arbitration).

Personal:

Married to Melinda Ruley
Children: Kira, Amos, Emily, Henry, and Rose

Hobbies:

Fishing and Gardening

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