By: Ashley Oldfield Shively v. ACI Learning Holdings, LLC, 2025 NCBC 51 (N.C. Super. Ct. Aug. 27, 2025) (Robinson, C.J.) Key Terms: Rule 12(b)(6); motion to dismiss; Rule 12(b)(2); personal jurisdiction; due process; specific jurisdiction; minimum contacts This suit arose out of the termination of Plaintiff Shively’s employment with […]
Elhulu v. Alshalabi, 2025 NCBC 45 (N.C. Super. Ct. Aug. 13, 2025) (Conrad, J.) Key Terms: motion to dismiss; Rule 12(b)(6); fraudulent concealment; duty to disclose; RICO; predicate acts Plaintiffs are three individuals who invested nearly $1 million in a medical laboratory company, Omni Holding Group, LLC. In the original […]
By: William H. Scott and Ashley Oldfield Vincelette v. Court, 2025 NCBC 38 (N.C. Super. Ct. July 30, 2025) (Brown, J.) Key Terms: Rule 12(b)(1); Rule 12(b)(6); standing; N.C.G.S. § 57D-8-08; derivative claims; civil conspiracy; fiduciary duty; declaratory judgment; conversion; advancement; specific performance; inspection rights Plaintiff and Defendants […]
By: William H. Scott and Ashley Oldfield Dapper Dev., L.L.C. v. Cordell, 2025 NCBC 33 (N.C. Super. Ct. July 15, 2025) (Brown, J.) Key Terms: judgment on the pleadings; Rule 12(c); breach of contract; judicial estoppel; North Carolina Wage & Hour Act; N.C.G.S. § 95-25.14(b)(4); declaratory judgment; termination of […]
By: William H. Scott and Ashley Oldfield Action Learning Assocs., LLC v. Kenan-Flagler Bus. Sch. Exec. Educ. LLC, 2025 NCBC 30 (N.C. Super. Ct. July 2, 2025) (Davis, J.) Key Terms: motion to dismiss; breach of contract, tortious interference with contractual relations, fraud, unfair and deceptive trade practices, conversion, misappropriation […]
By: Natalie E. Kutcher Fin. Carrier Servs. LLC v. Kingpin Cap. Inc., 2025 NCBC 27 (N.C. Super Ct. June 19, 2025) (Conrad, J.) Key Terms: motion to dismiss; non-compete agreement; non-solicitation agreement; misappropriation of trade secrets; UDTPA; tortious interference; fraud, injunctive relief; confidentiality agreement Defendant Ryan McCray was employed by […]
By: Austin Webber Packard v. SEI Priv. Tr. Co., 2025 NCBC 26 (N.C. Super. Ct. June 10, 2025) (Davis, J.) Key Terms: Rule 12(b)(6); breach of fiduciary duty; negligence; incorporated by reference; authenticity Plaintiffs brought suit alleging claims for negligence and breach of fiduciary duty/constructive fraud arising from alleged errors […]
By: Lauren Schantz Mohr Partners, Inc. v. Elior, Inc., 2025 NCBC 24 (N.C. Super. Ct. May 21, 2025) (Davis, J.) Key Terms: amend pleadings; undue delay; prejudice; summary judgment; offensive summary judgment; real estate; exclusive representation agreement; commission; self-service; exclusive right to sell; exclusive agency; breach of contract; waiver; […]
By: Ashley Oldfield Mary Annette, LLC v. Crider, 2025 NCBC 23 (N.C. Super. Ct. May 13, 2025) (Conrad, J.) Key Terms: quiet title; bench trial; ambiguous deed The parties to this action were involved in developing certain real property as a Planned Unit Development. However, after a dispute arose […]
By: Rachel Brinson Yoder v. Verm, 2025 NCBC 22 (N.C. Super. Ct. May 6, 2025) (Brown, J.) Key Terms: summary judgment; settlement agreement; 12(c) motion; collateral estoppel; breach of contract As summarized here, this action arose from Defendants’ purported breaches of a Settlement Agreement resolving previous litigation between the parties. […]
By: Natalie E. Kutcher Atkore Int’l, Inc. v. Dinkheller, 2025 NCBC 20 (N.C. Super. Ct. April 10, 2025) (Robinson, C.J.) Key Terms: motion to dismiss; non-compete agreement; misappropriation of trade secrets; NCUDTPA; tortious interference Plaintiff filed suit against a former employee, Keith Dinkheller, and his new employer, National Pipe & […]
By: Austin Webber Rodriguez v. FastMed Urgent Care, Inc., 2025 NCBC 15 (N. C. Super. Ct. Mar. 25, 2025) (Davis, J.) Key Terms: Rule 12(b)(6); common law negligence; emotional distress; economic injury Plaintiff Jackelyn Rodriguez initiated this putative class action, asserting claims for violation of the N.C. Electronic Surveillance […]
By: Lauren Schantz Hart v. First Oak Wealth Mgmt., LLC, 2025 NCBC 11 (N.C. Super. Ct. Mar. 14, 2025) (Earp, J.) Key Terms: summary judgment; accredited investor; (un)registered investment adviser; private equity investments; conflict of interest; regulatory agency investigation; consent order; North Carolina Investment Advisers Act; statute of limitations; […]
By: Ashley Oldfield JT Russell & Sons, Inc. v. Russell, 2025 NCBC 7 (N.C. Super. Ct. Mar. 4, 2025 (Conrad, J.) Key Terms: Rule 12(b)(6); derivative claims; independent panel; N.C.G.S. § 55-7-44; judicial removal of a director; N.C.G.S. § 55-8-09 As summarized here, this action involves a dispute between two […]
By: Rachel Brinson Water.io Ltd v. Sealed Air Corp, 2025 NCBC 5 (N.C. Super. Ct. Feb. 19, 2025) (Conrad, J.) Key Terms: motion to dismiss; breach of contract; repudiation; nonperformance; counterclaims; implied covenant of good faith and fair dealing; UDTP; N.C.G.S. § 75-1.1; Rule 12(b)(6); statute of limitations; N.C.G.S. § […]
Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2025 North Carolina Super Lawyers®: 2025 North Carolina Super Lawyers Al Durham – Bankruptcy Business Ross Fulton – Business Litigation Kirk Hardymon – Business Litigation Jack […]
By: Natalie E. Kutcher CTS Metrolina, LLC v. Berastain, 2025 NCBC 3 (N.C. Super. Ct. Feb. 4, 2025) (Earp, J.) Key Terms: motion to dismiss; Rule 12(b)(6); unfair and deceptive trade practices act; tortious interference; misappropriation of trade secrets; computer trespass; N.C.G.S. 14-458(a); vicarious liability; declaratory judgment; civil conspiracy As […]
By: Austin Webber Cherry v. Mauck, 2025 NCBC 1 (N.C. Super. Ct. Jan. 21, 2025) (Conrad, J.) Key Terms: Rule 12(b)(6); breach of contract; breach of fiduciary duty Plaintiffs and Defendant are co-owners of two family businesses. Plaintiff commenced this action asserting claims for breach of contract and breach of […]
Associate Lauren Schantz was recently appointed to the board of directors for the Epiphany School of Charlotte. The Epiphany School is a non-profit independent day school bringing exceptional academic, social, and emotional programs and support to neurodivergent children in grades 3 through 8 with ASD-1 (formerly known as Asperger’s) or […]
Seven attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2025 “Legal Elite” in Business North Carolina Magazine’s annual list. Scott Cooper – Corporate Ross Fulton – Litigation (Hall of Fame); Appellate Kirk Hardymon – Litigation Jack Miller – Bankruptcy Ashley Oldfield – Young […]
By: Lauren Schantz Maxwell Foods, LLC v. Smithfield Foods, Inc., 2024 NCBC 89 (N.C. Super. Ct. Dec. 30, 2024) (Conrad, J.) Key Terms: hogs; summary judgment; breach of contract; most-favored-nation clause; output contract; force majeure; Covid-19 pandemic; UCC Article 2; contract interpretation; statute of limitations; repudiation; anticipatory breach; impracticability; good-faith […]
By: Ashley Oldfield and Austin Webber In re Se. Eye Ctr. (Pending Matters); In re Se. Eye Ctr. (Judgments), 2024 NCBC 83 (N.C. Super. Ct. Dec. 19, 2024) (Bledsoe, C.J.) Key Terms: receivership; N.C.G.S. § 1-507.6; Rule 12(b)(1); Rule 12(h)(3); subject matter jurisdiction This action represents a long-running group of […]
By: Rachel Brinson, Ashley Oldfield, and Natalie Kutcher Howard v. IOMAXIS, LLC, 2024 NCBC 76 (N.C. Super. Ct. Nov. 27, 2024) (Earp, J.) Key Terms: motion to dismiss; Rule 12(b)(6); Rule 12(b)(2); Rule 12(b)(1); specific jurisdiction; corporate successors; successor jurisdiction; standing; breach of contract; breach of covenant of good […]
By: Ashley Oldfield Miller v. RedGoose, LLC, 2024 NCBC 74 (N.C. Super. Ct. Nov. 26, 2024) (Davis, J.) Key Terms: motion to dismiss; fraud; computer trespass; N.C.G.S. § 14-458; tortious interference with contract, UDTP Plaintiff Miller initiated this suit against his former employer, Defendant RedGoose, alleging claims under the N.C. […]
By: Natalie E. Kutcher Honeywell Safety Prods. USA, Inc. v. SVS LLC, 2024 NCBC 71 (N.C. Super. Ct. Nov. 14, 2024) (Conrad, J.) Key Terms: motion to dismiss; Rule 12(b)(6); repudiation; UCC; N.C.G.S. § 25-2-609; adequate assurance This case arises from Honeywell’s agreement to supply nitrile gloves to S2S Global. […]
