Curriculum Vitae

Thomas B. Metzloff

Education

Harvard Law School , J.D., 1979. Graduated magna cum laude. Articles Editor, Harvard Law Review, 1978-1979.
Yale College , B.A. 1976. Graduated summa cum laude with Honors in History. Phi Beta Kappa.

Employment

Professor of Law (effective July 1, 1992 ), Duke University School of Law, Durham , North Carolina . Senior Associate Dean for Academic Affairs, 1998-2001. Associate Professor of Law, 1985-1992. Presently teaching courses in Civil Procedure, Professional Liability, Professional Ethics, Mass Torts, and Dispute Resolution. Primary research interest in Civil Procedure, Professional Malpractice, Ethics, and Dispute Resolution.
Visiting Professor of Law, University of Alabama , Spring, 1995 (Charles Tweedy Chair) & Summer 2001. Visiting Professor of Law, Wake Forest University School of Law, Spring, 1996 (taught dispute resolution), and Spring 2002 (Civil Procedure).
Attorney, Bondurant, Miller, Hishon & Stephenson, Atlanta, Georgia, 1981-1985. Primary area of concentration in litigation of professional malpractice claims including representation of both plaintiffs and defendants.
Adjunct Faculty, Emory University School of Law, 1982-1985. Taught seminar on Supreme Court practice and procedure.
Law Clerk to Justice Byron R. White, United States Supreme Court, Washington, D.C., 1980-1981.
Law Clerk to the Honorable Robert A. Ainsworth, Jr., United States Circuit Judge for the United States Court of Appeals for the Fifth Circuit, New Orleans, Louisiana, 1979-1980.

Selected Publications

Special Editor of special issue entitled Mandatory Arbitration, 67 Law & Contemporary Problems (Winter/Spring 2004).
The Process of Managing Medical Malpractice Cases: The Role of the Standard of Care, 37 Wake Forest Law Review 877 (2002) (with Peeples & Harris)
Empirical Perspectives on Mediation and Malpractice, 60 Law & Contemporary Problems 107 (1997) (with Peeples and Harris).
Special Editor of Medical Malpractice: External Influences and Controls, Special Issue of Law & Contemporary Problems (Winter/Spring, 1997) (with Frank Sloan).
The Unrealized Potential of Malpractice Arbitration, 31 Wake Forest Law Review 203 (1996).
Seeing the Trees Within the Forest : Contextualized Ethics Courses as a Strategy for Teaching Legal Ethics , 58 Law & Contemporary Problems 227 (Summer/Autumn 1995).
Special Editor of Teaching Legal Ethics, Special Issue of Law & Contemporary Problems (Summer/Autumn, 1995) (with David Wilkins).
Understanding the Malpractice Wars, 106 Harvard Law Review 1169 (1993) (book review of Paul Weiler's Medical Malpractice on Trial).
Alternative Dispute Resolution Strategies in Medical Malpractice, 9 Alaska Law Review 429 (1992).
Reconfiguring the Summary Jury Trial, 41 Duke Law Journal 806 (1992).
Resolving Malpractice Disputes: Imaging the Jury's Shadow, 54 Law & Contemporary Problems 43 (Winter, 1991).
S.1232: A Late Entry in the Race for Malpractice Reform, 54 Law & Contemporary Problems 179 (Spring, 1991) (with Clark C. Havighurst).
Special Editor of Medical Malpractice: Lessons for Reform, Special Issue of Law & Contemporary Problems (Winter/Spring 1991) (with Randall Bovbjerg).

Representative Lectures/Activities:

October, 2004. Presentation on “Unconscionability and Arbitration”, College of Commercial Arbitrators, Washington , D.C.
July, 2004 (and various other presentations). Developing Video Materials: Documentaries and the Supreme Court, SEALS Conference, Kiawah , South Carolina .
February, 2004. Ethics in Action. Nelson Mullins Law Firm Retreat; Kiawah , South Carolina .
October, 1997. Mediation and Malpractice, Physician Insurer’s Association of America. Aspen , Colorado .
May, 1997. Managed Care and Malpractice: Emerging Issues in Medical Liability. Vanderbilt Institute for Public Policy Studies. Nashville , Tennessee .
March, 1997. The Future of Legal Ethics in the Law School Curriculum. Keck Symposium on Legal Ethics. Williamsburg , Virginia .
June, 1996. In-House Counsel and the Ethics of Multi-jurisdictional practice. American Corporate Counsel Association (ACCA). St. Louis , Missouri .
March, 1996. The Unrealized Potential of Malpractice Arbitration. Wake Forest Law Review Symposium on Commercial Arbitration. Winston-Salem , North Carolina .
November, 1993. Presentation on the Summary Jury Trials at the National ADR Institute for Federal Judges, Harvard Law School , Boston , Massachusetts .
June, 1993. Presentation on ADR Design, Center for Public Resources, Greenbriar, West Virginia .
March, 1993. Participant in Roundtable Forum on Health Care Reform and Malpractice before the Clinton Health Care Task Force, Washington , D.C.
August, 1992. "Medical Malpractice Arbitration," Program Sponsored by Agency for Health Care Policy and Research (AHCPR) on "Issues in Medical Liability and Health Care Quality," Boston , Massachusetts .
September, 1987-1993. Lecture on Ethics for In-house Corporate Counsel, Fuqua School of Business , Durham , North Carolina . Conducted seminars on Legal Ethics for In-house Corporate Attorneys for NYNEX (June and October, 1995); MassMutual (February, 1994); 3M Company (November, 1991); Borden, Inc. (October, 1990); BellSouth (September, 1987).
June, 1988. Testified on Litigation Alternatives in Medical Malpractice Cases before the Joint Economic Committee of Congress, Washington , D.C.

Selected Memberships and Activities

Program Director, Distinctive Aspects of U.S. Law Video Project. Grant to develop video teaching materials for leading Supreme Court cases (June 2003 through December 2004).
Board of Directors, Southeastern Association of Law Schools (SEALS). 2004-2005.
Advisory Member, North Carolina State Bar Ethics Committee, 1998-current.
Co-Principal Investigator, Mediation and Medical Malpractice. Robert Wood Johnson Foundation, 1995-1998.
Program Director, Grant from the Keck Foundation to the Duke University School of Law for the Development of Specialized Ethics Courses, 1993-1995.
Director, The Private Adjudication Center's Medical Malpractice Research Project (4-year study of medical malpractice litigation procedures funded by the Robert Wood Johnson Foundation). Active involvement in use of various ADR formats in resolving medical malpractice cases, including various forms of arbitration. 1987-1991.
Recipient of Distinguished Teacher Award, Duke University School of Law, May, 1990.
Mediator, Arbitrator, and Expert Witness, Professional Malpractice, Ethics Cases, and Related Disputes.
Vestry, St. Philip's Episcopal Church, Durham , North Carolina (1987-1990; 1994-1996). Stewardship Chairman, 1989; Evangelism Chairman, 1990. Chairman, Episcopal Convention for the Diocese of North Carolina, 1990-1991. Director of Kanuga Endowment, Inc. (1989-1996) for Kanuga Episcopal Conference Center , Hendersonville , North Carolina . President, Duke University Faculty Club, 1993-94; 1998-99; 2003-2004. Trustee, Duke School for Children (1997-1999).

Background

Born, Buffalo, New York, February 1, 1954 . Married to Nancy Wheelan Metzloff. Two children, Emily (age 23), Christopher (age 20). Business Address: Duke University School of Law, Box 90360, Durham, North Carolina 27708-0360; (919) 613-7055. Home Address: 1026 Westwood Drive, Durham, North Carolina 27707; (919) 489-1753.