John R. Wester

• Represented first-round draft pick Zion Williamson against a national sports agent, securing a ruling in the Middle District of North Carolina that voided his contract with the agent on the grounds that it violated a North Carolina statute protecting amateur athletes. In a unanimous decision, the Fourth Circuit Court of Appeals upheld the ruling.
• Served as lead trial and appellate counsel defending a class action by salaried employees of a NYSE company advancing ERISA, federal securities and state law claims for damages exceeding $250 million. After a lengthy trial and rulings by U.S. Court of Appeals, the federal trial court ruled no liability or injunctive relief, dismissing the case. Elmore v. Cone Mills Corp. (D.S.C.; 4th Cir.).
• Served as lead trial and appellate counsel for a class of plaintiffs who sued to secure disability benefits denied by rulings of the U.S. Department of Health & Human Services. Following a trial court decision restoring benefits to the plaintiff class, the Fourth Circuit upheld merits but narrowed class membership. Won reversal by the U.S. Supreme Court for scope of class. On remand proceedings in trial court and Fourth Circuit, approximately 75,000 disabled North Carolinians recovered benefits the trial court estimated at $470 million for one year. Hyatt v. Shalala (W.D.N.C.; 4th Cir.; Supreme Court).
• Served as lead counsel before the North Carolina Supreme Court for three North Carolina governors in a successful case against the General Assembly over constitutional separation of powers in relation to environmental commission appointments. McCrory v. Berger.
• Represented petitioners-taxpayers in Fowler v. Department of Revenue regarding a dispute over domicile following the sale of petitioners’ company. Petitioners prevailed at trial, and the North Carolina Business Court and North Carolina Court of Appeals affirmed the trial court ruling.
• Represented an international shipping/logistics company sued in a nationwide class action, Foster v. CEVA Freight LLC, alleging breach of contract between the company and approximately 2,000 independent contractors. Prior to engagement of our firm, the federal court for the Western District of North Carolina had certified claims for breach of contract and denied summary judgment. Plaintiffs’ expert on damages for the class submitted a report stating that damages exceeded $100 million. Following depositions of several class members and their expert, John and the firm’s team moved for decertification of the class. The Court reversed its class certification ruling, a decision that led to an end to the litigation.
• Defended a national motorsports company against a minority shareholder’s suit to block a proposed merger, resulting in a dismissal by the North Carolina Business Court and affirmed by the North Carolina Court of Appeals. In a lengthy trial for appraisal of the merged company’s stock value, the jury returned a highly favorable verdict for the defense. Smith v. North Carolina Motor Speedway.
• Represented a national industrial gas company against a competitor's claims arising out of the formation of a regional joint venture. The North Carolina Business Court upheld the validity of the joint venture. Praxair Inc. v. Airgas Inc.
• Served as lead defense counsel for Ford Motor Company before the U.S. Supreme Court. The ruling for Ford established precedent for cutting off employer liability in employment discrimination cases. Ford Motor v. EEOC.
• Defended a regional printing company against an EEOC action on behalf of employees alleging systemic age discrimination. Won summary judgment dismissing all claims; the Fourth Circuit affirmed in full. On remand, secured 90 percent of employer’s attorneys' fees from the EEOC. EEOC v. Clay Printing.
• Defended a national meatpacking company against a regional food broker’s allegations of unfair trade practices and interference with contract. The federal court jury returned a verdict for the defense on all claims. The Fourth Circuit affirmed the jury’s verdict. MidSouth Brokerage Co. v. Dak Foods.
• Served as lead counsel for Gov. James G. Martin and cabinet secretaries in a federal class action challenging the constitutionality of employment practices in state government. The Fourth Circuit decertified the class and ruled that discharges of all policy-making state employees were presumptively lawful. Stott v. Haworth, (E.D.N.C.; 4th Cir.).
• Defended North Carolina secretary of revenue in a federal class action alleging illegal taxation of state employee retirement benefits. Reversing the trial court, the Fourth Circuit ruled that qualified immunity protected the cabinet secretary against all claims. Swanson v. Powers.

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