Your Neighbor's Water Caused Damage to Your Property: Who Bears Legal Responsibility?
November 4, 2024
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Amy H. Wooten
Litigation Attorney
Amy's litigation practice focuses on complex commercial disputes, fiduciary duty claims, unfair and deceptive trade practices claims, and community association matters. Amy also has significant experience representing policyholders in a broad range of first- and third-party coverage litigation with their insurance carriers and co-chairs the firm's Insurance Counseling and Recovery Practice Group. That experience includes litigating coverage disputes pertaining to commercial property insurance, directors and officers ("D&O") insurance, errors and omissions ("E&O") insurance, disability insurance, and commercial general liability ("CGL") insurance. In addition, Amy litigates disputes of all flavors that arise in the agribusiness and hemp industries.
While a litigator at heart, Amy also enjoys advising clients outside of litigation. She is particularly passionate about defending licensed professionals before North Carolina's many professional and occupational licensing boards. She also devotes a portion of her practice to advising community association clients on a broad range of legal matters and routinely consults with and advises policyholders concerning their insurance coverage needs.
Amy began her legal career as a Judicial Law Clerk for the Honorable Samuel G. Wilson, United States District Court Judge for the Western District of Virginia. After completing her clerkship, Amy returned to her North Carolina roots where she focuses her practice on a wide variety of litigation matters in state and federal court and in arbitration proceedings. She is licensed in both North and South Carolina.
Education
- J.D., Wake Forest University School of Law, 2009; Order of the Coif, Chief Justice Joseph Branch Inn of Court, Wake Forest Law Review, Moot Court, Honor Council
- B.A., magna cum laude, Political Science and History, Wake Forest University, 2006
Representative Experience
Civil Litigation and Dispute Resolution
- Secured a favorable resolution of a dispute concerning the sale of commercial property
- Favorably resolved a Fair Debt Collection Practice Act ("FDCPA") claim against a statement delivery and payment solution vendor
- Defended a water and wastewater treatment consultant against a breach of contract claim
- Favorably resolved several matters on behalf of directors and officers in adversary proceedings, including a bankrupt medical practice, a bankrupt aviation MRO, and a bankrupt printing company in which the Trustees involved sought multimillion-dollar recoveries
Community Associations Litigation
- Secured partial summary judgment for a homeowners' association ("HOA") embroiled in a class action alleging violations of the NC Planned Community Act and breach of fiduciary duty, prompting Plaintiffs to file a voluntary dismissal of surviving claims
- Obtained dismissal of lawsuit and award of attorneys' fees in drainage dispute between an HOA and individual members
- Represented a condominium unit owners' association in a multimillion-dollar commercial property insurance and fiduciary dispute
- Represented policyholders in declaratory judgment actions brought by their insurers
Representation of Professionals in Licensure and Negligence Matters
- Defended a licensed psychologist before the North Carolina Psychology Board
- Defended an out of state firm accused of the unauthorized practice of law before the North Carolina State Bar
- Secured summary judgment on professional negligence claims for an engineering firm
- Defended a licensed engineer in litigation involving the North Carolina Board of Examiners for Engineers & Surveyors in a trial proceeding before the Office of Administrative Hearings
- Secured a favorable arbitration award for a licensed architect in a dispute involving allegations of professional negligence pending before the AAA
- Defended attorneys in front of the North Carolina State Bar
- Defended a professional negligence claim against a tower engineering firm brought in response to a breach of contract claim for unpaid services
Hemp, Farming, and Agriculture
- Represented partner in dissolution of multimillion-dollar farming venture
- Represented hemp farmer in seed dispute involving mislabeling and wire-fraud issues
Honors and Distinctions*
- "The Best Lawyers in America," Best Lawyers®, 2025
- Chambers USA, Insurance - North Carolina, 2024
- "40 & Under List," Benchmark Litigation, 2022-2023
Professional and Community Affiliations
- Campbell University, Norman Adrian Wiggins School of Law, Connections Mentorship Program
- North Carolina Bar Association, Professional Committee Member, 2023-2024; Insurance Section, Membership Committee
- New Hope Baptist Church of Raleigh, Worship Leader
- Tenth Judicial District Bar/Wake County Bar Association: Bench-Bar Committee Member; Professionalism Committee Member
- South Carolina Bar Association, Member
- Chief Justice Susie M. Sharp Inn of Court, Member and Treasurer (2021)
- Wake Forest University School of Law Rose Council, Member
Admitted to Practice
- North Carolina, 2009
- South Carolina, 2011
- United States Court of Appeals for the Fourth Circuit
- United States District Court – All districts in North and South Carolina
- United States Supreme Court
* Please see the following websites for an explanation of the membership standards for the following recognitions: www.bestlawyers.com; businessnc.com/special-sections/legal-elite/; and www.superlawyers.com/north-carolina.
