2626 Glenwood Ave., Suite 500
Raleigh, NC 27608
Telephone: 919/571-8300
 
Our Attorneys

Jerry Hartzell 
P: (919) 571-8300
F: (919) 571-1004

Jerry Hartzell was born in 1950 and raised in Gettysburg, Pennsylvania. After attending Phillips Academy in Andover, Massachusetts, Mr. Hartzell attended the University of North Carolina at Chapel Hill on a Morehead Scholarship. He received his B.A., M.B.A. and J.D. with honors from UNC-Chapel Hill. At law school, he was elected to the Order of the Coif and was named a staff editor of the North Carolina Law Review. Following graduation, he clerked for Justice Frank Huskins of the North Carolina Supreme Court. In 1999, Hartzell was named "Outstanding Volunteer Attorney" by the Wake County Volunteer Lawyers Program. In 2006, he was named the recipient of the North Carolina Justice Center's "Defender of Justice" award for his litigation efforts. In 2011 he was a co-recipient of the Public Justice Achievement Award given by the Public Justice Foundation in Washington, D.C.

Hartzell is admitted to practice in the state and federal courts in North Carolina, the Third, Fourth and Seventh Circuits, and the United States Supreme Court.

Recent Public Interest Efforts:

On February 8, 2012, Mr. Hartzell submitted a formal ethics inquiry to the North Carolina State Bar concerning contracting relationships between mortgage servicers and foreclosure lawyers. A cover letter indicated that the inquiry arose out of activities by Lender Processing Services, Inc. A follow-up letter (April 11, 2012) describes the issue at some length, and includes links to many of the citations.

At the April 26, 2012 meeting of the Ethics Committee of the North Carolina State Bar, the Committee voted to refer the inquiry to a subcommittee. Ethics Counsel Alice Mine also submitted a memo and first draft of a proposed ethics opinion addressing the issues.

On January 25, 2013, the North Carolina State Bar officially adopted Formal Ethics Opinion 2012 FEO 10.

Links to the inquiries, comments and ethics opinion appear HERE.

Articles and Editorials:

"A new Band-Aid on a deep crisis, Congress and the mortgage crunch," The News & Observer, Point of View, July 2, 2008
Source: The News & Observer - July 2, 2008

"A coming foreclosure flood," The News & Observer, Other Opinion, November 8, 2007
Source: The News & Observer – November 8, 2007

"Rescission of Health Insurance," Prognosis, Publication of the NCBA's Health Law Section, Vol. 24, No. 1, November 2007
Source: Publication of the NCBA's Health Law Section – November, 2007

"Banks 'bounce' bonanza," The News & Observer, Other Opinion, February 2, 2007
Source: The News & Observer February 2, 2007

"North Carolina Observations on Federal Jurisdiction under the New Class Action Act"
Source: The North Carolina State Bar Journal – Fall 2005

"ESOP Investments, Fiduciary Conflicts of Interest, and ERISA Liability," The Journal of Employee Ownership Law and Finance, Volume 8, No. 3, Summer 1996.
Source: The Journal of Employee Ownership Law and Finance – Summer 1996

 

Andy Whiteman  
P: (919) 571-8300
F: (919) 571-1004

Andy Whiteman was born in 1955 and raised in Cincinnati, Ohio. He attended Miami University and received his law degree from The Ohio State University, where he was elected to The Order of Barristers and selected for the Law Journal staff. After graduating from law school in 1980, Andy moved to North Carolina to begin practice with a small firm that included current partner Jerry Hartzell. Andy is admitted to practice in the state and federal courts in North Carolina, the Fourth Circuit and the U.S. Supreme Court.

Reported Cases:

Nyce v. Liberty Life Assurance Company of Boston, Case No. 5:11-CV-594-BO (E.D.N.C. Nov. 28, 2012)

Fortier v. Principal Life Insurance Company, 666 F.3d 231 (4th Cir. 2012)

DuPerry v. Life Ins. Co. Of North America, ___ F.3d ___, 2011 WL 199087 (4th Cir. 2011).

Leone v. Tyco Electronics Corp., Case No. 09-1821, 2011 WL 96540 (4th Cir. Jan. 12, 2011).

Williams v. Metropolitan Life Insurance Co., 609 F.3d 622 (4th Cir. 2010).

Gorski v. ITT Long Term Disability Plan for Salaried Employees, 314 Fed.Appx. 540, 2008 WL 4790117 (4th Cir. 2008).

Guthrie v. National Rural Elec. Cooperative Ass'n Long-Term Disability Plan, 509 F.3d 644 (4th Cir. 2007).

Reininger v. Azdel, Inc. Retirement Plan, ___ F.Supp.2d ___, 2011 WL 814984 (W.D.N.C. February 24, 2011).

DuPerry v. Life Insurance Company of North America, Case No. 5:08-CV-344-FL (E.D.N.C. Dec. 23, 2009)

Ward v. Life Ins. Co. of North America, Case No. 1:08CV675, 2009 WL 2740202 (M.D.N.C. August 26, 2009).

Pinario v. The Prudential Life Insurance Company of America, Case No. 4:08-CV-161-F (E.D.N.C. July 23, 2009).

Allen v. Metropolitan Life Insurance Co., Case NO. 4:06-CV-175-H (E.D.N.C. March 31, 2008).

Thornton v. Metropolitan Life Insurance Company, Case No. 5:05-CV-827-H(3) (E.D.N.C. June 13, 2007).

Alford v. Metropolitan Life Insurance Co., Case No. 1:05CV207 (M.D.N.C. March 5, 2007).

Alston v. Metropolitan Life Ins. Co., Case No. 1:05CV00121, 2006 WL 3102970 (M.D.N.C. October 27, 2006).

Mitchell v. Metropolitan Life Insurance Company, Case No. 5:05-CV-129-BO(1) (E.D.N.C. March 24, 2006).

Brown v. Nortel Networks, Inc., Case No. 5:03-CV-658-FL (3) (E.D.N.C. November 29, 2004).

Driver v. Nortel Networks, Inc., Case No. 5:03-CV-86-BR(3) (E.D.N.C. March 31, 2004).

Driver v. Nortel Networks, Inc., Case No. 5:03-CV-86-BR(3) (E.D.N.C. August 29, 2003).

Cosgrove v. Provident Life and Acc. Ins. Co., 317 F.Supp.2d 616 (E.D.N.C. 2004).

Bursell v. General Elec. Co., 243 F.Supp.2d 460 (E.D.N.C. 2003).

Beasley v. UNUM Life Insurance Company of America, Case No. 5:02-CV-4-BO(3) (E.D.N.C. September 26, 2003).

Garrett v. Fortis Benefits Insurance Company, Case No. 2:02-4280-18 (D.S.C. August 5, 2003).

Casey v. Pierce, Case No. 5:02-CV-945-H(3) (E.D.N.C. June 5, 2003).

Conrad v. Continental Casualty Co, 232 F.Supp.2d 600 (E.D.N.C. 2002).

Articles and CLE Presentations:

"What Workers Comp and Social Security Attorneys Need to Know about ERISA," Andrew O. Whiteman, Hartzell & Whiteman, LLP (2012)

"Securities Arbitration 2011," Andrew O. Whiteman, Hartzell & Whiteman, LLP (2011)

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