Bar Admissions

North Carolina

Education

Duke University, J.D., with high honors; Order of the Coif; Note and Comment Editor, Duke Law Journal

University of North Carolina at Chapel Hill, A.B.; John Motley Morehead Scholar

Profile

When clients need an advocate with precision and tenacity, they call John Wester. John routinely handles cases with a high probability of going to trial, and he often enters a case after it is underway, including at the appellate stage.

John’s trials and appeals encompass corporate governance and shareholder rights disputes, federal securities and ERISA actions, unfair trade practice and trade secret disputes, tax controversies and employment discrimination. He has prosecuted and defended numerous class action cases in federal and state courts, with extensive experience in the North Carolina Business Court. John has also served as lead counsel in noteworthy cases reaching the U.S. Supreme Court.

Outside his wheelhouse of business litigation, John has brought and defended cases advancing constitutional issues. He was lead counsel in the North Carolina Supreme Court for Gov. Patrick McCrory and former Govs. James Hunt and James Martin in a successful challenge to the General Assembly's limiting the governor's authority over boards and commissions. In 2018, John was lead counsel for Gov. Roy Cooper challenging the General Assembly's proposed constitutional amendment to remove the governor's authority to fill judicial vacancies. 

In 2021, John received the Advocate's Award, the highest honor given by the North Carolina Bar Association's Litigation Section.

John is a Fellow in the American College of Trial Lawyers. He is a member of the College’s Judicial Independence Committee, having served as the inaugural chair.

In 2009-10, he served as president of the North Carolina Bar Association.

Honors & Awards

  • North Carolina Bar Association, Advocate's Award, 2021
  • North Carolina Bar Association, Citizen Lawyer Award, 2021
  • North Carolina State Bar, John B. McMillan Distinguished Service Award, 2019
  • North Carolina Lawyers Weekly, North Carolina Lawyers Hall of Fame, 2018
  • Duke Law Alumni Association, Charles S. Rhyne Award for Professional Achievement, 2017
  • Legal Aid of North Carolina, Legal Services of Southern Piedmont and Council for Children's Rights, Distinguished Pro Bono Service Award, 2016
  • Chambers USA, commercial litigation, 2003-24; labor & employment, 2005-16
  • The Best Lawyers in America, appellate practice, bet-the-company litigation, commercial litigation, litigation - intellectual property, litigation - labor and employment, litigation - mergers and acquisitions, litigation - securities, 1993-2025
    • Charlotte Appellate Practice Lawyer of the Year, 2012, 2015, 2025
    • Charlotte Litigation - Mergers & Acquisitions Lawyer of the Year, 2013, 2014, 2025
    • Charlotte Litigation - Securities Lawyer of the Year, 2019
    • Charlotte Litigation - Labor & Employment Lawyer of the Year, 2012, 2013, 2018
    • Charlotte Bet-the-Company Litigation Lawyer of the Year, 2011
  • North Carolina Super Lawyers, business litigation, 2006-24; Top 10 North Carolina Super Lawyer, 2009-13, 2015; Top 25 Charlotte Super Lawyer, 2013-22; Top 100 North Carolina Super Lawyer, 2023-24
  • Benchmark Litigation, Litigation Star, 2012-25
  • Business North Carolina, Legal Elite, litigation, 2007-08, 2011, 2013-15, 2019; appellate, 2018-19, 2021-24; employment, 2020-21
  • North Carolina Pro Bono Honor Society, 2021-23
  • Mecklenburg Access to Justice Pro Bono Partners Program, Pro Bono Honor Roll, 2023

Experience

Experience

  • Served as lead trial and appellate counsel defending a class action by salaried employees of a NYSE company advancing ERISA, federal securities and state law claims for damages exceeding $250 million. After a lengthy trial and rulings by U.S. Court of Appeals, the federal trial court ruled no liability or injunctive relief, dismissing the case. Elmore v. Cone Mills Corp. (D.S.C.; 4th Cir.).

  • Served as lead trial and appellate counsel for a class of plaintiffs who sued to secure disability benefits denied by rulings of the U.S. Department of Health & Human Services. Following a trial court decision restoring benefits to the plaintiff class, the Fourth Circuit upheld merits but narrowed class membership. Won reversal by the U.S. Supreme Court for scope of class. On remand proceedings in trial court and Fourth Circuit, approximately 75,000 disabled North Carolinians recovered benefits the trial court estimated at $470 million for one year. Hyatt v. Shalala (W.D.N.C.; 4th Cir.; Supreme Court).

  • Served as lead counsel before the North Carolina Supreme Court for three North Carolina governors in a successful case against the General Assembly over constitutional separation of powers in relation to environmental commission appointments. McCrory v. Berger.

  • Represented petitioners-taxpayers in Fowler v. Department of Revenue regarding a dispute over domicile following the sale of petitioners’ company. Petitioners prevailed at trial, and the North Carolina Business Court and North Carolina Court of Appeals affirmed the trial court ruling.

  • Represented an international shipping/logistics company sued in a nationwide class action, Foster v. CEVA Freight, LLC, alleging breach of contract between the company and approximately 2,000 independent contractors. Prior to engagement of our firm, the federal court for the Western District of North Carolina had certified claims for breach of contract and denied summary judgment. Plaintiffs’ expert on damages for the class submitted a report stating that damages exceeded $100 million. Following depositions of several class members and their expert, John and the firm’s team moved for decertification of the class. The Court reversed its class certification ruling, a decision that led to an end to the litigation.

  • Defended a national motorsports company against a minority shareholder’s suit to block a proposed merger, resulting in a dismissal by the North Carolina Business Court and affirmed by the North Carolina Court of Appeals. In a lengthy trial for appraisal of the merged company’s stock value, the jury returned a highly favorable verdict for the defense. Smith v. North Carolina Motor Speedway.

  • Represented a national industrial gas company against a competitor's claims arising out of the formation of a regional joint venture. The North Carolina Business Court upheld the validity of the joint venture. Praxair, Inc. v. Airgas, Inc.

  • Served as lead defense counsel for Ford Motor Company before the U.S. Supreme Court. The ruling for Ford established precedent for cutting off employer liability in employment discrimination cases. Ford Motor v. EEOC.

  • Defended a regional printing company against an EEOC action on behalf of employees alleging systemic age discrimination. Won summary judgment dismissing all claims; the Fourth Circuit affirmed in full. On remand, secured 90 percent of employer’s attorneys' fees from the EEOC. EEOC v. Clay Printing.

  • Defended a national meatpacking company against a regional food broker’s allegations of unfair trade practices and interference with contract. The federal court jury returned a verdict for the defense on all claims. The Fourth Circuit affirmed the jury’s verdict. MidSouth Brokerage Co. v. Dak Foods.

  • Served as lead counsel for Gov. James G. Martin and cabinet secretaries in a federal class action challenging the constitutionality of employment practices in state government. The Fourth Circuit decertified the class and ruled that discharges of all policy-making state employees were presumptively lawful. Stott v. Haworth, (E.D.N.C.; 4th Cir.).

  • Defended North Carolina secretary of revenue in a federal class action alleging illegal taxation of state employee retirement benefits. Reversing the trial court, the Fourth Circuit ruled that qualified immunity protected the cabinet secretary against all claims. Swanson v. Powers.

News & Events

News

Events

Insights

Affiliations

Professional Affiliations

  • American College of Trial Lawyers, Fellow; Judicial Independence Committee, Chair, 2019-23; Task Force on Judicial Independence, Vice Chair, 2018-19; North Carolina Chair, 2004-06
  • Chief Justice's Commission on Professionalism, 2014-18
  • North Carolina Bar Association, President, 2009-10
  • North Carolina Bar Association, Appellate Rules Committee, Chair, 2002-04; Committee for Judicial Independence, Co-chair, 2010-14
  • Chief Justice's Commission on the North Carolina Business Court, Appellate Process Committee, Chair, 2002-04
  • American Bar Foundation Fellow

Community Affiliations

  • Legal Aid of North Carolina, Board of Directors, 2021-present
  • Higher Education Works, Board of Directors, 2019-present
  • Lynnwood Foundation, Board of Directors, 2007-present
  • North Carolina Museum of History, Board of Directors, 2012-17
  • Legal Aid of North Carolina and Legal Services of Southern Piedmont, Access to Justice Council, Chair, 2012-17
  • Duke Law School, Bolch Judicial Institute Leadership Council, 2024-present
  • Duke Law School, Board of Visitors, 2002-present
  • University of North Carolina, Board of Visitors, 2004-08
  • Mecklenburg County Bar, Board of Directors, 2006-09
  • Legal Services of Southern Piedmont, Board of Directors, 1999-2005
  • Arts & Science Council, Chair, 1988-89
  • ArtsTeach, Inc., Chair, 2000-02
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