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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, property owners 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 private arbitrations. He has also served as counsel for several North Carolina towns.

Areas of Focus

Contract disputes
Commercial landlord-tenant matters
Land use/Zoning
Local Government Representation
Fraud/Unfair Trade Practices
Real estate disputes, including Partitions
Catastrophic 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 Town of Walkertown and has served as attorney for Clemmons, Tobaccoville, Lewisville and Bethania
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
Represented West Coast seller of health supplements in federal jury trial regarding promissory note dispute
Represented land trust in complex partition of multi-million-dollar tract co-owned with numerous heirs
Obtained preliminary injunction from North Carolina Business Court allowing non-voting minority owner of metal recycling business to attend shareholder meetings
Recovered substantial settlement for heirs of mother killed by negligent driver, persuading driver’s grandparents to contribute funds beyond insurance coverage based on “family purpose doctrine”
Obtained jury verdict in favor of general contractor alleged to have overcharged owner for commercial construction project
Negotiated favorable settlement of Town of Cape Carteret’s denial of zoning permit for vape shop
Represented “sweepstakes” operators on various land-use issues across North Carolina

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