David DiMatteo

• J.D. Tulane University School of Law, 2006
  • Magna Cum Laude
  • Order of the Coif
  • Tulane Law Review Notes and Comments Editor
  • Legal Research and Writing Fellow
• University of Mary Washington, B.A. History, 1996

• Legal Elite, Bankruptcy, Business North Carolina (2022)

THOUGHT LEADERSHIP

• 11 Charleston Law Review 353 Winter 2017 Shoes of the Debtor: North Carolina Guaranty Law & High Point Bank and Trust Company v. Highmark Properties, LLC et. al.
• 80 Tulane Law Review 975 March 2006 Walters Revisited: Of Fairness, Due Process and Veterans’ Fight to Hire an Attorney.
• 79 Tulane Law Review 1089 May 2005 Gaddis v. United States: Who Should Pay to Protect the Interests of Children?

APPELLATE WORK

• Grimsley v. Gov't Emp. Ins. Co., 217 N.C. App. 530 (N.C. Ct. App. 2011). Summary Judgment in favor of plaintiff/insured for $1,000,000 UIM coverage reversed. The Court of Appeals found that the insured was not entitled to coverage under N.C. insurance law.
• Fisk v. Murphy, 212 N.C. App. 667 (N.C. Ct. App. 2011).  Judgment in favor of Defendant affirmed. The trial court did not err in denying plaintiffs’ motion for JNOV. A jury could have concluded plaintiff was on notice that defendant may not yield at an intersection. It was proper for the jury to consider contributory negligence for failing to reduce speed, keep a proper lookout, or maintain control of motorcycle.
• River Run Ltd. P'ship v. Equus Merda, Inc., (N.C. Ct. App. 2011). Summary Judgment in favor of Defendant affirmed. The trial court correctly concluded Defendant did not violate deed restrictions and covenants restricting “access” by granting a sewer easement to serve a neighboring housing community.
• Blackwell v. Hatley, 202 N.C. App. 208 (N.C. Ct. App. 2010). Summary Judgment in favor of defendant motorist affirmed. The evidence did not raise an issue of fact regarding whether defendant driver was speeding. Further, Plaintiff failed to produce any competent evidence raising a material issue of fact about the failure of brakes on defendant driver's trailer.

BUSINESS/COMMERCIAL LITIGATION

• Julian et. al. v Bank of America, N.A., 3:16-CV-00173 (W.D.N.C.)  Successfully defended mortgage lender in a federal civil action wherein Plaintiff alleged multiple counts of fraud, and violation of federal lending law.   Case was dismissed pursuant to 12(b)(6).
• Garvey v. Seterus, Inc., 5:16-CV-00209 (W.D.N.C.) Successfully defended mortgage servicer in a federal civil action wherein Plaintiff alleged violation of FDCPA.   Judgment on the Pleadings was entered in favor of Defendant.
• Prospect Capital Corporation v. Cole et. al., 3:09-CV-00465 (W.D.N.C.) Assisted in representing defendant in a federal civil-RICO action pursuant to 18 U.S.C. § 1964 et seq. arising from the bankruptcy of defendant’s environmental services contracting business.  Plaintiff sought in excess of $12 million in damages.  Case ultimately settled for anticipated legal costs of summary judgment motion.
• Generation Mortgage v. Barret et. al., 12-CVS-20920 (Mecklenburg Co.) Represented reverse mortgage lender in suit against closing attorney for trust account funds that attorney/law firm had negligently failed to disperse upon closing. Settlement ultimately reached to disburse funds to lien creditor, and surplus was returned to borrower

Bar Admissions

• North Carolina (2006)
• Federal District Court & Bankruptcy Court for the Western District of North Carolina
• Federal District Court & Bankruptcy Court for the Middle District of North Carolina
• Federal District Court & Bankruptcy Court for the Eastern District of North Carolina

Professional Associations

• Mecklenburg County Bar Association
  • Fee Dispute Committee
  • Grievance Committee
• North Carolina Bar Association