RCD associate Lauren Schantz will moderate the Judges’ Panel at the Mecklenburg Bar Association’s 13th Annual North Carolina Business Court CLE in Charlotte on November 7, 2025. Prior to joining RCD, Lauren served as the Senior Law Clerk to the Honorable Louis A. Bledsoe, III, Chief Business Court Judge (retired), […]
By: Natalie E. Kutcher Carolina Med. Partners, PLLC v. Shah, 2025 NCBC 61 (N.C. Super. Ct. Oct. 8, 2025) (Conrad, J.) Key Terms: motion to dismiss; constructive fraud; pleading standard; Rule 12(b)(6) These consolidated cases arose from a dispute among three physicians, Nimish Patel, Shephali Patel, and Amit Shah, who […]
By: Austin T. Webber Brown v. TM Northlake Mall, LP, 2025 NCBC 57 (N.C. Super. Ct. Sept. 29, 2025) (Conrad, J.) Key Terms: discovery; wrongful death; Rule 12(b)(6); untimely; N.C.G.S. § 1-53(4); statute of limitations; equitable estoppel; concealment As summarized here, these consolidated cases arose from a 2022 shooting at Northlake […]
By: Lauren Schantz Implus Footcare, LLC v. Vore, 2025 NCBC 55 (N.C. Super. Ct. Sept. 11, 2025) (Davis, J.) Key Terms: BCR 7.4; motion to amend; Rule 15; undue delay; unfair prejudice and bad faith; legal futility; judicial economy; moot; motion to dismiss; Rule 12(b)(6); breach of contract; novation; plain […]
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 […]
