Our Durham, NC Attorneys: Carlos Mahoney

Carlos Mahoney was born in Nashville, Tennessee. He graduated from high school in Charlotte, North Carolina and completed his undergraduate studies at the University of North Carolina in Chapel Hill. After earning his college degree, he attended law school at the University of North Carolina. Mr. Mahoney received his J.D. in May 1999 and was admitted to the North Carolina State Bar in August 1999. Since passing the Bar, he has practiced with the law firm of Glenn, Mills, Fisher & Mahoney, P.A. in Durham and has been a partner at the firm since 2004.

Mr. Mahoney prosecutes and defends civil cases in the state and federal courts of North Carolina on behalf of individuals and small businesses. His areas of practice include Civil Rights, Consumer Rights, Commercial Law, Real Property, Trusts and Estates Litigation, Personal Injury, and Professional Negligence.

Mr. Mahoney has litigated and tried cases in the Probate, District, and Superior Courts of North Carolina, the United States District Courts, the United States Bankruptcy Courts, the United States Judicial Panel on Multidistrict Litigation, the North Carolina Business Court, North Carolina Industrial Commission, the North Carolina Office of Administrative Hearings, the Employment Security Commission, and before various arbitration panels. He has an active appellate practice and has handled cases before the North Carolina Court of Appeals, the North Carolina Supreme Court, the U.S. Court of Appeals for the Fourth Circuit, and the United States Supreme Court.

Carlos Mahoney and his wife Jennifer live in Durham. He is a former North Carolina high school tennis champion and continues to play tennis actively.

Contact Information:

400 West Main Street, Suite 709
Post Office Drawer 3685
Durham, NC 27702-3865
Telephone: 919-683-2135
Facsimile: 919-688-9339
Email: cmahoney@gmf-law.com

Legal Employment:

Glenn, Mills, Fisher & Mahoney, P.A., Durham, NC
(Formerly Glenn, Mills, & Fisher, P.A.)
Partner, January 2004 - present
Associate, September 1999 - December 2003

Areas of Practice:

95% Civil Litigation in the following areas: Civil Rights, Consumer Rights, Contracts, Personal Injury, Professional Negligence, Real Property, Trusts and Estates Litigation
5% Criminal Appellate and Post-Conviction Practice

Bar Admissions:

U.S. Supreme Court, 2008
U.S. Court of Appeals for the Fourth Circuit, 2006
U.S. District Court Western District of North Carolina, 2002
U.S. District Court Eastern District of North Carolina, 2001
U.S. District Court Middle District of North Carolina, 2000
North Carolina, 1999

Education:

JD, 1999, University of North Carolina School of Law
BA, 1996, University of North Carolina, Chapel Hill, NC

Professional Training and Affiliations:

Indigent Defense Services, Eligible for appointment to capital post-conviction cases in North Carolina, 2008-present
Indigent Defense Services, Eligible for appointment to non-capital criminal appeals in North Carolina, 2005 - present
Trial Advocacy, National Institute for Trial Advocacy, Southeast Regional Session, Chapel Hill, NC, May 2002

Professional Awards:

Law & Politics - North Carolina Super Lawyers 2010: Selected as a Rising Star in the field of General Litigation
Business North Carolina: Selected as a Legal Elite in the category of Young Guns (best attorneys in North Carolina under 40), 2008
American Board of Trial Advocates: Member, Eastern North Carolina Chapter, November 2007
NCATL: Recognition for Outstanding Service as Civil Rights Chair, June 2007
NCATL: Ebbie Award for Exceptional Service and Inspired Commitment to the NC Academy of Trial Lawyers, June 2006
NCATL: Recognition for Outstanding Service as Hispanic/Latino Legal Issues Division Chair, June 2005
Martindale-Hubbell: Awarded a “BV” rating, April 2005 (highest rating available to a lawyer with less than 10 years of experience)

Current Membership Positions:

Board of Governors, North Carolina Advocates for Justice
President, Board of Directors, ACLU of North Carolina
Board of Directors, North Carolina Prisoner Legal Services, Inc.
Regional Coordinator, High School Mock Trial Competition
Member, Civil Rights Amicus Curiae Subcommittee, NCAJ
Member, 14th Judicial District Grievance Committee and Bar Candidate Review Committee
Member, North Carolina Bar Association, Appellate Rules Committee and Professionalism Committee

Presentations and Publications:

NCPA: Handling Settlements Involving Minors, March 28, 2009
NCAJ: Chair and Speaker, Litigating a Case under the State Tort Claims Act, November 7, 2008
North Carolina Personal Injury Lien Manual, 2008 Supplement Co-authored Chapter on Ethics with Michael A. Jordan, Esq.
Wake Forest CLE: Claims Against the Award, January 31, 2008
NCATL: Co-Chair, Disbursements Seminar, January 25, 2008
NCATL: Objecting to Jurors for Cause during Voir Dire, June 19, 2007
NCATL: Medicaid’s Rights in Third Party Recoveries: 2006 Update, February 16, 2007
NCATL: Trial Briefs, “A Practical Guide to Avoiding the Sovereign Immunity Defense in Claims Against Municipalities,” December 2006
NCATL: How to Take & Defend Depositions, 2005-2007
North Carolina Prima Facie Tort Manual, Third Edition, Edited
Chapters on Assault and Battery and False Imprisonment
NCATL: The Impact of the Patriot Act Upon Civil Rights, June 13, 2006
NCATL: A Practical Guide to Avoiding the Defense of Sovereign Immunity in Claims Against Municipalities, May 12, 2006 (PDF Format)
NCATL: Settling Claims on Behalf of Minors, Incompetents, and in Wrongful Death Actions, May 5, 2006 (PDF Format)
NCATL: Trial Briefs, “ERISA: Ethics and Pitfalls,” co-authored with Michael A. Jordan, Esq., December 2005 (PDF Format)
NCATL: Recent Developments in Law Enforcement Litigation, October 22, 2005
NCATL: Examining Expert Witnesses, April 1, 2005
Wake Forest CLE: Preparation for Trial, September 23, 2004
NCATL: Trial Briefs, “Undocumented Immigrants’ Right of Access to North Carolina Courts, June 2004, October, 2009 (updated by Gabe Talton)
NCOSH: The Relevancy of Immigration Status in State and Federal Legal Proceedings, Summer 2004
NCATL: The Trial of a Soft Tissue Case, May 2004
NCATL: Prejudice in the Box, April 15, 2004
NCBA: Issues of Race, Ethnicity, and Class at Trial, January 2004

Reported Decisions:

AEL Financial LLC vs. City Auto Parts of Durham, Inc., 70 UCC Rep. Serv. 2d 230 (N.D. Ill. 2009)
Woods v. Mangum, ___ N.C. App. ___, 682 S.E.2d 435 (2009)
Argonaut Great Central Ins. Co. v. McDowell County, 626 F.Supp.2d 554 (W.D.N.C. 2009 )
Andrews ex. rel. Andrews v. Haygood, 362 N.C. 599, 669 S.E.2d 310 (2008) (amicus curiae)
State v. Dewalt, 190 N.C. App. 158, 660 S.E.2d 111, review denied, 362 N.C. 684, 670 S.E.2d 906 (2008)
Jones vs. City of Durham, 183 N.C. App. 57, 643 S.E.2d 631 (2007)
Sitzman v. Government Employees Ins. Co., 182 N.C. App. 259, 641 S.E.2d 838 (2007)
Jones vs. City of Durham, 361 N.C. 144, 638 S.E.2d 202 (2006)
Massasoit vs. Carter, 439 F.Supp.2d 463 (M.D.N.C. 2006), aff’d, 2007 WL 3390462 (4th Cir. 2007)(unpublished), cert. denied, 128 S.Ct. 2933 (2008)
Massasoit vs. Carter, 227 F.R.D. 264 (M.D.N.C. 2005)
Lassiter vs. Cohn, 168 N.C. App. 310, 607 S.E.2d 688, review denied, 359 N.C. 633, 613 S.E.2d 686 (2005)
Barnes vs. Wells, 165 N.C. App. 575, 599 S.E.2d 585 (2004)
In re Will of Smith, 159 N.C. App. 651, 583 S.E.2d 615, review denied, 357 N.C. 657, 590 S.E.2d 861 (2003)

Notable Verdicts, Settlements, and Rulings:
(The outcome of a particular case cannot be based upon the results listed below)

October 27, 2009:	$850,000 verdict ($650,000 for compensatory damages and $200,000 punitive damages) in a Federal civil rights action for personal injuries suffered by a 27- year old man in a police shooting by a deputy sheriff. The case was subsequently settled for $1,230,000. Reported in NC Lawyers Weekly on December 7, 2009. Handled with Stewart W. Fisher.
March 6, 2009:	$5,500,000 total verdict in a McDowell County civil action for personal injuries suffered by a female motorist ($2,500,000), personal injuries suffered by a 6-year old girl ($1,000,000), and the wrongful death of a 2-year old girl ($2,000,000) in a motor vehicle accident caused by a deputy sheriff. At trial, liability was admitted but damages were contested. The case was subsequently settled for $1,071,875 due to limited insurance coverage and multiple claimants. Reported in NC Lawyers Weekly on April 13, 2009. Handled with William S. Mills.
December 4, 2008:	$1,100,000 settlement in a Wake County civil action for personal injuries suffered by a female motorist in a motor vehicle accident with a city recycling truck. Reported in NC Lawyers Weekly on December 22, 2008. Handled with William S. Mills
September 19, 2008:	Order issued in a Durham County criminal action granting a motion for appropriate relief on the grounds of ineffective assistance of counsel, newly discovered evidence, and failure to disclose exculpatory evidence. The charges were dismissed and the client was freed from prison nearly seven years after his convictions at the age of 15. Reported in The News & Observer on September 20, 2008.
April 27, 2007:	$375,000 settlement in a Durham County civil action for personal injuries suffered by a female pedestrian in a motor vehicle accident caused by a city law enforcement officer. Handled with Robert B. Glenn, Jr., Stewart W. Fisher, and William S. Mills.
December 6, 2004:	$385,000 settlement in a Pender County civil action for personal injuries suffered by a female student in masonry class. Handled with Stewart W. Fisher.
February 20, 2004:	$240,995 verdict in an Orange County civil action for personal injuries and property damage suffered by a male bicyclist in a motor vehicle accident. Reported in NC Lawyers Weekly on February 20, 2004. Handled with Robert B. Glenn, Jr.
October 1, 2003:	$600,000 confidential settlement in a Durham County civil action for personal injuries suffered by a female tenant as a result of inadequate security. Reported in NC Lawyers Weekly on November 17, 2003. Handled with Robert B. Glenn, Jr. and Stewart W. Fisher.
April 15, 2003:	$800,000 confidential settlement in a Wake County civil action for the wrongful death of a 16-year old boy in a single-car accident caused by an impaired driver. Reported in NC Lawyers Weekly on November 3, 2003. Handled with William S. Mills and Matthew B. Murray.

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