SIGNIFICANT CASES

Keeler et al v. Zhitov et al

The firm represented former tenants of the Wilmont Apartrments because of the substandard condition of their apartments. Tenants obtained a settlement with the former landlord which included a note and deed of trust against property owned by the Nikita Zhitov and Zhitov Resources, LLC. Attorney John Austin obtained a judgment against the principals and Zhitov Resources, LLC, in the amount of $61,754.74 for the former tenants in November 2010.

Raleigh Bonded Empire, LLC v. Furniture & Rug Outlet, LLC

When a landord discovered its tenant had abaondoned the leased premises to set up shop in a new name down the road, the landlord hired Attorney John Austin to enforce the lease and enjoin the sale of the inventory of the tenant and the new company. Attorney John Austin successfully petitioned the court for a temporary restraining order that froze the new company's assets. After the TRO was issued, the parties settled in September 2010.

NC Cemetery Commission v. Aegis Surety Insurance Company

The firm represented Aegis Surety Insurance Company against three bond claims asserted by the North Carolina Cemetery Commission. The North Carolina Cemetery Commission, represented by the Attorney Generals Office of the State of North Carolina, asserted claims totally $570,000.00. After the close of the Commissions case, Attorney John Austin argued the Motion for Directed Verdict. After considering the arguments and evidence of records, the court dismissed all claims against Aegis on January 9, 2009.

Theeratweet v. Louangxonikone

Attorney John Austin represented plaintiff Thai nationals who had pooled their money and provided it to an employment agency owned by Aaron Louangxonikone and Keingkham Inthisane to provide H-2A work papers for workers from Thailand. Attorney John Austin was able to obtain a judgment against the principals of the employment agency in the amount of $215,750 on August 30, 2008.

United Leasing v. Joseph F. Guthrie

Attorney John Austin represented United Leasing Corporation to present its claims against Guthrie. After the court entered a default judgment against Guthrie for $500,000, Guthrie appealed. The North Carolina Supreme Court remanded the case for a damages hearing. After the damages hearing, the Court awarded United Leasing Corporation $1.5 million dollars.

Rich Plan Foods of North Carolina v. Rich Plan Corporation

Attorney John Austin represented Defendant Rich Plan Corporation against claims made by a North Carolina franchisee in a case filed in the Eastern District of the North Carolina Federal Court. Plaintiff claims included a demand in excess of $1,000,000.00. After Plaintiff had presented its case, Defendants Rich Plan Corporation and the individual board member defendants, represented by Tharrington Smith, moved for a directed verdict. The Court granted verdict for the Defendants, and Plaintiff received nothing.