The North Carolina Court of Appeals published an opinion in iPayment, Inc. v. Kelly M. Grainger, Individually and as Administrator of the Estate of George Gregory Grainger, et al., North Carolina Court of Appeals Case No. 16-908, on January 2, 2018, reversing the trial court (NC Superior Court, Union County Case No. 15-CVS-2234) and finding in favor of RCD’s client iPayment, Inc. that a motion to compel arbitration of counterclaims should have been granted. The adverse party argued that iPayment had waived the right to arbitration of counterclaims by bringing its unrelated lawsuit. The Court of Appeals disagreed, finding that because iPayment’s claims in the underlying lawsuit were unrelated to the arbitrable counterclaims, and the discovery that had been conducted prior to the motion to compel arbitration was not inconsistent with the parties’ rights under the arbitration clause, the right to arbitration was preserved and arbitration should have been compelled. The case was remanded to the trial court for an order consistent with the opinion. A copy of the Court of Appeals opinion can be viewed here.
Archive for January, 2018
Five attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2018 “Legal Elite” in Business North Carolina Magazine’s annual list.
Al Durham – Bankruptcy
Ross Fulton – Litigation
James Gatehouse – Business
David Melin – Litigation
Jack Miller – Bankruptcy
In addition, Rick Rayburn previously received the distinction of being named to the “Legal Elite Hall of Fame” for Bankruptcy Law.
Legal Elite Methodology
Each year, Business North Carolina sends ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a simple question: Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories? Voters are not allowed to vote for themselves. They may select members of their firms only if they pick out-of-firm lawyers in the same categories, with the latter votes weighted more heavily.
About Rayburn Cooper & Durham, P.A. (RCD)
For more than 35 years, Rayburn Cooper & Durham has served both businesses and individuals with bankruptcy and financial restructuring, business litigation and general corporate matters. The attorneys within the firm have extensive experience and provide creative solutions to help clients establish their enterprises, grow and prosper and also protect their rights, assets, and interests. Recognizing the unique needs of their clients, RCD does not represent large banks or financial institutions. RCD – The way forward. www.rcdlaw.net
Rayburn Cooper & Durham, P.A. is pleased to announce that all partners in the firm have been selected for inclusion in 2018 North Carolina Super Lawyers®:
2018 North Carolina Super Lawyers
Paul Baynard – Bankruptcy, Business/Corporate, Creditor Debtor Rights, Business Litigation
Scott Cooper – Business/Corporate, Mergers & Acquisitions, Securities & Corporate Finance
Albert Durham – Bankruptcy
Ross Fulton – Business Litigation, General Litigation, Employment Litigation
James Gatehouse – Business Litigation, Securities Litigation
G. Kirk Hardymon – Business Litigation
David Melin – Business Litigation, Real Estate, General Litigation
Jack Miller – Bankruptcy, Business/Corporate, Business Litigation
Rick Rayburn – Business /Corporate, Bankruptcy, Business Litigation
2018 North Carolina Top 100
Super Lawyers is an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
The selections for this esteemed list are made by the research team at Super Lawyers, a Thomson Reuters business. Each year, the research team at Super Lawyers undertakes a rigorous multi-phased process that includes a statewide survey of lawyers, independent research evaluation of candidates, and peer reviews by practice area. Only 5% of North Carolina attorneys have been selected for inclusion in Super Lawyers.