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Elliot A. Fus

Elliot is the leader of the firm’s Litigation Practice Group. He provides concise, meaningful and cost-efficient counseling to business executives and other decision makers, so that they can make informed choices about the potential risks and benefits of litigation. Elliot joined the firm in 2009 after practicing for 10 years in the Complex Business Litigation department of a major international law firm.

Elliot has practiced law for more than 25 years and is a member of the Federal, North Carolina and Forsyth County bar associations. He is an experienced litigator with major case experience in state and federal courts and in private arbitrations. He has also served as counsel for multiple North Carolina towns. Due to his experience and expertise, Elliot has served as a lecturer on a variety of topics, ranging from insurance law to construction law.

Practice Areas

  • Civil Litigation
  • Municipal Law

Education

  • B.A., University of North Carolina at Chapel Hill, 1991
  • J.D., Wake Forest University, 1997

Bar Admissions

  • North Carolina Bar, 1997

Areas of Focus

  • Contract disputes
  • Commercial landlord-tenant matters
  • Land use/Zoning
  • Local Government Representation
  • Fraud/Unfair Trade Practices
  • Real estate disputes, including Partitions
  • Serious personal injury
  • Will contests

Practice Highlights

  • Elliot has significant experience taking major cases through jury verdict and on appeal. He has argued key pretrial motions in many cases and has represented clients in numerous depositions and mediations.
  • Won $10 million jury verdict in federal court in Charlotte in an insurance premium dispute
  • Represented defendant advertising agency in “groundbreaking” federal case in which claim for unfair trade practices was dismissed for lack of detailed allegations
  • Eliminated tens of millions of dollars in exposure through pretrial motions in unfair trade practices case in N.C. Business Court
  • Successfully represented banks in various types of litigation, including major cases alleging liability for embezzlement by a customer’s employee
  • Won judgment at trial for commercial landlord against tenant who gutted restaurant building for upfit, then vacated in violation of lease
  • Regularly represents numerous shopping centers in various types of disputes and litigation
  • Recovered $1 million settlement for physician seriously injured in auto accident
  • Recovered substantial wrongful death settlement for family of motorcyclist hit by car
  • Successfully appealed town board’s denial of “conditional use permit” for affordable housing developer
  • Serves as town attorney for Towns of Lewisville and Walkertown, and previously served as attorney for Villages of Clemmons and Tobaccoville
  • Won jury verdict for “constructive fraud” where son unknowingly signed away inheritance to his deceased mother’s boyfriend
  • Represented landlord/seller at trial, defeating claim that client breached “lease to own” agreement for gas station property
  • Represented affordable housing landlord in eviction case appealed by Legal Aid attorneys to N.C. Supreme Court, ultimately resulting in tenant vacating after alleging violation of HUD regulations
  • Represented town that denied permit for electronic billboard, including applicant’s appeal to N.C. Court of Appeals

Professional & Civic Activities

  • President of the Forsyth County Bar Association (2014-15)
  • Past Chairman of the Forsyth Bar’s Ethics & Grievance Committee
  • Member, Reynolda Rotary
  • Co-author of “Liability Coverage for Defective Construction: the ‘No Occurrence Myth'” (Chapter 4 of Aspen Publishers’ 2007 Construction Law Update)
  • Published in the National Law Journal and other legal media
  • Pro Bono Impact Award winner from Business Leader Media

Awards & Civic Certifications

  • Certified Superior Court Mediator (inactive)
  • North Carolina Super Lawyers, since 2019
  • North Carolina Pro Bono Honor Society 2019