Jerry Hartzell

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.

The Committee’s next meeting is on July 19, 2012 in Pinehurst, North Carolina. The subcommittee will submit a report when it deems appropriate, possibly prior to the July 19 meeting.

Links to the inquiries, comments and other documents 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

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.

“ERISA Litigation -- Plaintiffs' and Defendants' Perspectives, Andrew O. Whiteman, Hartzell & Whiteman, LLP and Mark S. Thomas, Maupin Taylor, P.A.”

“Conrad v. Continental Casualty Co., 232 F.Supp.2d 600 (2002)”

“Bursell v. General Electric Co., 243 F.Supp.2d 460 (2003)”

“Driver v. Nortel Networks, Inc., U.S.D.C., E.D.N.C. 5:03-CV-86-BR(3), Order filed 8-29-03”

“Beasley v. UNUM Life Ins. Co. of America, U.S.D.C., E.D.N.C. 5:02-CV-4-BO(3), Judgment and Order filed 9-26-03”

“Cosgrove v. Provident Life and Acc. Ins. Co., 317 F.Supp.2d 616 (2004)”

“Garrett v. Fortis Benefits Ins. Co., U.S.D.C., Dist. of South Carolina, C/A No. 2:02-4240-18, Order filed 3-25-04”

“Driver v. Nortel Networks, Inc., U.S.D.C., E.D.N.C. 5:03-CV-86-BR(3), Order filed 4-1-04”

“Brown v. Nortel Networks, Inc., U.S.D.C., E.D.N.C. 5:03-CV-658-FL(3), Order filed 11-29-04”

“Mitchell v. Metropolitan Life Ins. Co., U.S.D.C., E.D.N.C. 5:05-CV-129-BO(1), Order entered 3-23-06”

“Alston v. Metropolitan Life Ins. Co., 2006 WL 3102970 (M.D.N.C.) (2006)”

“Alford v. Metropolitan Life Ins. Co., U.S.D.C., M.D.N.C. 1:05-CV-207, Recommendation of United States Magistrate Judge filed 3-5-07”

“Thornton v. Metropolitan Life Ins. Co., U.S.D.C., E.D.N.C. 5:05-CV-827-H(3), Order dated 3-12-07”

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