Archive for the ‘Legal Updates’ Category

Assignments, Sublets, and the Importance of Reasonableness

A principle of landlord-tenant law is the power of the tenant to transfer all or part of its lease unless the lease includes provisions that limit that power.  The law of assignments and subleases seeks to strike a balance between the tenant’s interest in the alienability of its legal rights under the lease and the landlord’s interest in having a desirable and financially responsible occupant.

Click here to continue reading this article by Dave Melin.

Posted 11/10/16

NC Supreme Court Finds Substantial Interference with Property Rights Under the Map Act

In June, the North Carolina Supreme Court issued an opinion ruling in favor of property owners who challenged a state law that allows the North Carolina Department of Transportation to freeze development and improvements on land that may be used as a future highway.  The Court held that the law amounted to a “taking” and that property owners must be compensated for the restrictions placed on their land.

Click here to continue reading this article by Dave Melin.

Posted 07/26/16

Objectionable by Necessity: Achieving Appellate Review of Plan Confirmation Denial

Practice in the bankruptcy arena for long enough and you will inevitably run across the following, vexing, situation: debtor files a plan; party in interest objects to a plan provision; Bankruptcy Court sustains the objection and denies confirmation; debtor refuses to go forward with a plan that conforms to the Bankruptcy Court’s ruling, fervently believing that the Bankruptcy Court “got it wrong,” and wants to seek appellate review on the issue. What should a debtor do in this situation?

Click here to continue reading this article by Jack Miller and Michelle Earp.

 

Posted 06/01/16

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

Sixth Circuit Affirms Summary Judgment on Non-Dischargeability Claim

On March 28, 2016, the United States Court of Appeals for the Sixth Circuit affirmed a judgment obtained by Rayburn Cooper & Durham, P.A. for client RDLG, LLC (view a copy of the Sixth Circuit opinion here).  RCD was granted summary judgment on a non-dischargeability claim for client RDLG, LLC in the Bankruptcy Court for the Eastern District of Tennessee, in which the court found that RDLG, LLC’s fraud judgment against Fred M. Leonard, Jr. obtained in the U.S. District Court for the Western District of North Carolina was not dischargeable in appellant’s subsequent Chapter 7 bankruptcy case.  The U.S. District Court for the Eastern District of Tennessee had previously affirmed the Bankruptcy Court’s judgment before the appeal to the Sixth Circuit.  RDLG, LLC was represented by Ross Fulton as lead counsel.

Posted 04/13/16

NC Court of Appeals Affirms Fraudulent Transfer Claim

On March 15, 2016, the North Carolina Court of Appeals affirmed the grant of summary judgment to RCD’s client DWC3, Inc. on a fraudulent transfer claim (view the N.C. Court of Appeals order).  RCD had previously obtained an arbitration award of more than $1 million against Diane Kissel, and here obtained a judgment against Kissel and her husband for fraudulently transferring the Kissel’s assets to her husband to avoid DWC3, Inc.’s original arbitration award. Ross Fulton served as lead counsel in the case.

Posted 03/31/16

Judgment awarding $500,000 in damages entered in favor of RCD client

In the Western District of North Carolina, a jury has awarded a $500,580 verdict in favor of RCD client RDLG, LLC, in litigation against a defendant that defrauded plaintiff RDLG, LLC in connection with mountain real estate sales. Ross Fulton served as lead counsel for plaintiff with Ben Shook.

Posted 01/15/15