Our Team

George T. Clark, Jr. (ret.)

John Richard Newton (ret./dec.)

Admission Details

  • Admitted in 1965, North Carolina
  • 1971, U.S. Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, Eastern District of North Carolina, Middle District of North Carolina and Western District of North Carolina

Law School Attended
University of North Carolina
Class of 1965
LL.B.

University Attended
University of North Carolina
Class of 1957
A.B.

Languages
Russian

Military
U.S. Coast Guard

Associations & Memberships
New Hanover County Bar Association; North Carolina State Bar; Maritime Law Association of the United States; Southeastern Admiralty Law Institute (SEALI) (Founding Member)

Don T. Evans, Jr.

Managing Partner

Admission Details

  • Admitted in 1992, North Carolina
  • U.S. Court of Appeals for the Armed Forces
  • U.S. District Court, Eastern, Middle and Western Districts of North Carolina
  • U.S. Court of Appeals, Fourth Circuit

University Attended
University of North Carolina
Class of 1987
B.A. (Double)
English, Psychology

Law School Attended
Campbell University School of Law
Class of 1992
J.D. – Law Review Articles Editor

Languages
Japanese

Military
CDR, JAGC, USNR (Ret.)

Seth P. Buskirk

Partner

Admission Details

North Carolina State Courts

United States District Courts for the Eastern, Middle and Western Districts of North Carolina

United States Court of Appeals for the Fourth Circuit

pro hac vice admission to federal courts in Virginia, Florida, Georgia and New York

University Attended
Appalachian State University, Boone, N.C., B.S. cum laude, 2001

Law School Attended
Campbell University, Norman Adrian Wiggins School of Law, Buies Creek, NC, J.D., cum laude, 2007, Law Review: Chief Comments Editor

AREAS OF PRACTICE

           

  • Admiralty, Maritime and Transportation Law:
      • Litigation, investigation and advisory services to clients in various maritime, intermodal and inland transportation matters including: vessel collisions, allisions and groundings; dock, pier and other property damage; cargo damage, loss, and contamination claims (COGSA, Carmack, HMR’s, ); preparing terms and conditions for bills of lading and other shipping documents, personal injury (Jones Act, LHWCA, passenger, etc.); representation of and against the United States of America under Public Vessels and Suits in Admiralty Acts (matters involving U.S. Government owned / operated vessels); wrongful death; Limitation of Liability actions under 46 U.S.C. § 30105 ; vessel arrest and sale; towing and salvage; collection of unpaid freight and other charges and charter party disputes

 

      • Representation of mariners and other parties in interest in United States Coast Guard Marine Casualty Investigations.

 

      • Performed numerous shipboard investigations on behalf of Protection and Indemnity Clubs and Vessel owners in North Carolina ports of: Wilmington, Morehead City, and Military Ocean Terminal Sunny Point.

 

  • Business and Commercial Law:
      • contract disputes and drafting, Uniform Commercial Code, non-compete defense / enforcement; construction litigation; shareholder disputes

 

  • Real Property
      • common interest community governance (Planned Community Act, Condominium Act, etc.); defense of foreclosure actions; quiet title; riparian / littoral rights

 

HONORS AND AWARDS:

  • 2014-2018 & 2022 – recognized by Super Lawyers Magazine in the area of Transportation / Maritime Law.

 

 

PROFESSIONAL AFFILIATIONS

  • Southeastern Admiralty Law Institute
  • Maritime Law Association of the United States, Proctor Member
  • New Hanover County, North Carolina District Bar, Member at Large 2020
  • New Hanover County, North Carolina District Bar, Secretary / Treasurer 2021
  • New Hanover County, North Carolina District Bar, Vice President 2022
  • New Hanover County Bar Association

 

REPRESENTATIVE MATTERS

  •  Carotrans Int’l, Inc. v. Carolina Recycle Partners, LLC, 2019 A.M.C. 2553 (W.D.N.C. May 29, 2019), report and recommendation adopted,2019 A.M.C. 2560(W.D.N.C. Aug. 5, 2019)(president of shipper identified in NVOCC’s bill of lading may be personally liable for unpaid freight and other charges related to abandoned international shipment of waste cargo)
  • Rhodes v. White Lightning Sportfisherman, Inc., 433 F.Supp.3d 770, 2019 A.M.C. 559 (E.D.N.C. Oct. 11, 2018)(defeated motion to remand following removal of yacht owner’s petitory and lien determination action brought against boat repair contractor)
  • United States v. Lang, 251 F. Supp. 3d 971 (E.D.N.C. 2017)(obtained dismissal of government’s action against social security disability recipient under the False Claims Act (FCA) and common law claims for payment by mistake and unjust enrichment.)
  • In re Bald Head Island Transp., Inc., 124 F. Supp. 3d 658 (E.D.N.C. 2015)(obtained summary judgment on behalf of claimants in ferry owner’s Petition for Limitation of Liability following ferry grounding in Cape Fear River)
  • Crown Pacific International, Inc. v. Horizon Lines, LLC, 5:14-cv-82-BO (EDNC 2015) – obtained dismissal of cargo spoilage claim brought against ocean carrier by cargo consignee
  • Cullifer v. United States of America – 7:09-cv-00002-BR (EDNC)(obtained venue transfer of Public Vessels / Jones Act claim brought against private carrier and United States Navy by seaman serving on US Navy vessel)
  • Everlight USA, Inc. v. Carotrans Int’l Inc., No. 3:08CV53, 2008 WL 1820937, at *2 (W.D.N.C. Apr. 21, 2008)(obtained venue transfer of cargo claim based on terms and conditions of bill of lading)
  • Defense verdict following jury trial of employee’s wrongful termination claim and obtained judgement on employer’s counterclaim against employee based on inaccurate expense reports
  • obtained 7 figure settlement in representation of estate of deceased recreational fisherman following collision with towing vessel and owner’s petition for exoneration from and limitation of liability
  • obtained 7 figure settlement in re representation of Jones Act seaman in action against dredging company employer and third party tug boat owner and operator
  • obtained dismissal of trespass and nuisance lawsuit brought against pier owner by adjacent riparian landowner;
  • defense of foreign heavy lift shipowner following allision with dredge and pursuit of claims for contribution against United States Coast Guard
  • defense of oil spill response vessel owner in Jones Act litigation following Deep Water Horizon spill involving injury resulting in claimed permanent disability
  • obtained favorable settlements on behalf of numerous passengers and Jones Act Seamen having suffered personal injuries on navigable waters
  • defense of foreign ship owner in LHWCA § 905(b) action brought by longshoreman following injury causing functional quadriplegia
  • obtained favorable settlement in representation of commercial fisherman following collision with United State Navy High Speed Assault Craft
  • obtained favorable settlement in defense of vessel owner in dock damage case based on dock construction deficiencies uncovered in post incident investigation
  • representation of licensed mariner in formal US Coast Guard Marine Casualty Investigation following double fatality incident, resulting in no action taken against mariner’s license
  • representation of estates of husband and wife killed in tractor trailer collision resulting in settlement in excess of tractor trailer policy limits