John Kirby has practiced in several areas of law, including the following areas:
John Kirby has handled hundreds of civil cases in North Carolina state and federal court, representing both plaintiffs and defendants in these cases. He has litigated cases involving business disputes, breach of contract, negligence, unfair trade practices, legal malpractice, malicious prosecution, libel and slander, insurance disputes, and personal injury. A list of representative cases can be found in this website, which includes many cases that John Kirby handled in litigation.
John Kirby has represented numerous parties in appeals to the North Carolina Court of Appeals, North Carolina Supreme Court, and the federal appellate courts. Properly handling an appeal requires a thorough understanding of the appellate process, including preserving errors and properly prosecuting the appeal. John Kirby served as a law clerk to the Chief Justice of the North Carolina Supreme Court from 1993 to 1994.
John Kirby is certified by the North Carolina Dispute Resolution Commission as a mediator. He has represented hundreds of parties at mediation in North Carolina.
John Kirby has represented numerous insurance companies and policyholders in insurance claims in North Carolina. Insurance law in North Carolina is governed by common law, as well as statutes and regulations. John Kirby has represented insureds and insurers in numerous insurance disputes, including automobile policies, homeowners (“HO”) policies, renters policies, CGL (commercial general liablity) policies,life insurance policies, disability policies, health insurance policies, and other policies. He has also represented insurers and insureds in bad faith lawsuits filed by insureds against insurers. He has also taught insurance coverage and “bad faith” to lawyers and to insurance adjusters; he has also taught classes in uninsured and underinsured motorist coverage (a specific area of insurance law) to these industries.
- Administrative (agency) law:
John Kirby has represented numerous parties in disputes with State agencies, including the North Carolina State Bar, North Carolina Medical Board, and the North Carolina Board of Nursing.
- Product Liability:
John Kirby has represented numerous parties in claims for product liability in North Carolina. These claims are governed by common law, provisions of the Uniform Commercial Code (UCC), and special rules in North Carolina for product liability actions (in Chapter 99B).
- Automobile Accidents:
John Kirby has represented hundreds of parties in automobile claims in North Carolina. He has defended people sued in such claims, and has represented individuals asserting such claims. He has handled claims for bodily injury, property damage, and loss of use of their automobile as a result of automobile accidents. Properly handling these cases also requires an understanding of first-party insurance, liability insurance, excess and umbrella insurance, and uninsured (UM) and underinsured motorist (UIM) coverage. John Kirby has handled hundreds of cases involving injuries including paralysis and death, and has tried these cases to jury verdict. He has handled several cases involving brain injuries, and has received specialized education in cognitive psychology, including brain injuries. He has also conducted extensive research into the claims of minors (i.e. children) under North Carolina law. More information about automobile accidents pertaining to bodily injury, property damage , insurance, UM/UIM coverage, brain injuries can be found throughout this website.
- Premises Liability:
People are often injured on the property of another person, as when a patron visits a grocery store or shopping mall. Where the landowner (or other person in control of the land) was negligent in creating the dangerous condition or allowing it to exist, the injured person might be entitled to compensation from the property owner. John Kirby has handled numerous cases, for the plaintiffs and for the defendants, involving premises liability. More information about premises liability in North Carolina can be found in this website.
- Minor’s Claims:
When minors are injured by the negligence of others in North Carolina, the minor might have a claim for compensation, which raises issues that are distinct from the issues raised in claims by adults. John Kirby has represented minors in personal injury claims, and has defended suits by minors. He has also taught continuing education classes to lawyers and to insurance adjusters about minor’s settlements, and he is writing an Article that thoroughly addresses minor’s claims and settlements in North Carolina.
- Brain Injuries:
In serious automobile accidents, or other accidents involving significant trauma, a person can sustain an injury to the brain. Brain injuries raise several complicated issues, including neurocognitive testing. John Kirby has represented clients with brain injury, and has defended lawsuits by persons asserting brain injury. He has also had special training in cognitive psychology, including the structures and functioning of the brain.
- Construction Litigation:
Construction projects (residential or commercial) in North Carolina raise numerous complicated relationships, involving the general contractor, subcontractors, owner, architect, inspector, and insurers and sureties issuing various insurance policies and bonds(e.g. CGL policy and builder’s risk policy, performance and payment bonds). John Kirby has represented several of these parties in numerous lawsuits arising from construction defects. These construction defects in North Carolina often result in water (moisture) intrusion, and can also result in mold. John Kirby has also represented insurers and conducted extensive research into the insurance coverage for these losses.