Archive for May, 2016

Fourth Circuit Affirms Judgment for RCD Client on Fraud Claim

On May 23, 2016, the United States Court of Appeals for the Fourth Circuit Affirmed a judgment obtained by Rayburn Cooper & Durham, P.A. for client RDLG, LLC (view a copy of the Fourth Circuit opinion here).  RCD’s client was granted a default judgment on a fraud claim as a sanction against Fred M. Leonard, Jr. by the United States District Court for the Western District of North Carolina.  A jury trial was later held on the issue of damages, and RCD was awarded a $500,580.36 judgment for its client by the jury.  The Fourth Circuit affirmed both the grant of the default judgment as a sanction and the jury’s damages award.  RDLG, LLC was represented by Ross Fulton and Ben Shook.

Posted 05/26/16

N.C. Court of Appeals Affirms Dismissal of All Claims Against RCD Client

On May 10, 2016, the North Carolina Court of Appeals affirmed the North Carolina Business Court’s order dismissing all claims against all defendants in Universal Cab Co., Inc. v. City of Charlotte, et al.  Defendant Timothy Newman was represented by RCD attorneys Kirk Hardymon, Ross Fulton and Ben Shook.  All claims asserted against Mr. Newman were dismissed by the Business Court because the plaintiffs failed to show that they had standing to bring the claims, and therefore the court lacked subject matter jurisdiction to hear the case.  The case related to the plaintiffs being denied contracts to provide taxi service at the Charlotte-Douglas Airport.  The Business Court found, and the Court of Appeals affirmed, that the plaintiffs failed to show a causal connection between the alleged actions by the defendants and the alleged injury suffered by plaintiffs.  A copy of the Court of Appeals opinion can be viewed here.

Posted 05/13/16

NC Lawyers Weekly features case involving RCD

North Carolina Lawyer’s Weekly featured a North Carolina Business Court order in favor of RCD’s client involving an unusual question of law involving injunctions of foreign proceedings.  This cover story for the May 9, 2016, edition is available here. A full copy of the Court’s opinion is available here.

Ross Fulton, a RCD shareholder, serves as lead counsel for TCG Consulting Partners. Fulton focuses his litigation practice on commercial and business disputes.

Posted 05/09/16