By: Rachel E. Brinson Atl. Coast Conf. v. Bd. of Trs. of Fla. State Univ., 2024 NCBC 21 (N.C. Super. Ct. April 4, 2024) (Bledsoe, C.J.) Key Terms: Atlantic Coast Conference; Florida State University; ESPN; motion to dismiss; motion to stay; media rights agreements; 12(b)(1); 12(b)(2); 12(b)(6); 12(b)(7); declaratory judgment; […]
Posted 04/09/24 in Business Court Blast
By: Natalie E. Kutcher and Ashley B. Oldfield Sears Farm, LLC v. Samaritan Hous. Found., Inc., 2024 NCBC 19 (N.C. Super. Ct. Mar. 19, 2024) (Davis, J.) Key Terms: motion to dismiss; Rule 12(b)(1); Rule 12(b)(6); motion to strike; Rule 12(f); breach of contract; covenant of good faith and fair […]
Posted 03/27/24 in Business Court Blast
JT Russell and Sons, Inc. v. Russell, 2024 NCBC 13 (N.C. Super. Ct. Feb 28, 2024) (Conrad, J.) Key Terms: Rule 12(b)(6); UDTPA; misuse of corporate resources; in or affecting commerce; breach of contract; statute of frauds; N.C.G.S. § 22-1; account stated; statute of limitations; constructive trust In this action, […]
Posted 03/13/24 in Business Court Blast
Cutter v. Vojnovic, 2024 NCBC 7 (N.C. Super. Ct. Feb. 16, 2024) (Bledsoe, C.J.) Key Terms: cross motions for summary judgment; motion to strike; personal knowledge; legal terms of art; common law partnership; indicia of an enforceable partnership; tortious interference with prospective economic advantage As previously summarized here, Plaintiff filed […]
Posted 02/28/24 in Business Court Blast
Intersal, Inc. v. Wilson, 2024 NCBC 3 (N.C. Super. Ct. Feb. 2, 2024) (Earp, J.) Key Terms: pirate ship; expert testimony; motion in limine; calculation of damages; Rule 702(a); Daubert standard; copyright law; hypothetical licensing model As summarized here, this dispute arises from a series of agreements between Plaintiff and […]
Posted 02/13/24 in Business Court Blast
Cardiorentis AG v. IQVIA Ltd., 2024 NCBC 2 (N.C. Super. Ct. Jan. 18, 2024) (Conrad, J.) Key Terms: N.C.G.S. § 1-75.12; inconvenient forum; stay; administrative dismissal Shortly after Plaintiff filed suit in 2018, Defendants moved to stay the case under N.C.G.S. § 1-75.12(a) arguing that North Carolina was an inconvenient […]
Posted 01/30/24 in Business Court Blast
BIOMILQ, Inc. v. Guiliano, 2023 NCBC 91A (N.C. Super. Ct. Jan. 9, 2024) (Robinson, J.) Key Terms: Rule 12(b)(5); amended order; dismissal without prejudice As summarized here, the Court previously entered an order granting Counterclaim-Defendants’ motions to dismiss pursuant to Rule 12(b)(5). The Court entered this amended order to clarify […]
Posted 01/17/24 in Business Court Blast
Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2024 North Carolina Super Lawyers®: 2024 North Carolina Super Lawyers Al Durham – Bankruptcy Business Ross Fulton – Business Litigation Kirk Hardymon – Business Litigation Jack Miller – […]
Posted 01/11/24 in Honors and Awards, News
The Mecklenburg County Bar has selected Rayburn Cooper & Durham associate Ashley Oldfield for the 2024 Bar Leadership Institute (BLI). In its 22nd year, BLI identifies and develops leaders for the Mecklenburg County Bar and Foundation by providing participants opportunities to develop their personal leadership potential and skills; become aware […]
Posted 01/11/24 in Honors and Awards, News
Seven attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2024 “Legal Elite” in Business North Carolina Magazine’s annual list. Scott Cooper – Business Ross Fulton – Appellate Kirk Hardymon – Litigation Jack Miller – Bankruptcy Ashley Oldfield – Bankruptcy Matt Tomsic – Bankruptcy […]
Posted 01/03/24 in Honors and Awards, News
Husqvarna Pro. Prods., Inc. v. Robin Autopilot Holdings, LLC, 2023 NCBC 88 (N.C. Super. Ct. Dec. 22, 2023) (Bledsoe, C.J.) Key Terms: Rule 15; amended complaint; futility; 12(b)(6); breach of fiduciary duty; tortious interference; anticipatory repudiation As previously summarized here, this dispute arose from a series of agreements entered into […]
Posted 01/03/24 in Business Court Blast
Am. Circuits, Inc. v. Bayatronics, LLC, 2023 NCBC 84 (N.C. Super. Ct. Dec. 8, 2023) (Robinson, J.) Key Terms: summary judgment; misappropriation of trade secrets; UDTPA; unjust enrichment; punitive damages; civil conspiracy This dispute arose from Defendant Patel’s resignation from ACI, and his alleged misappropriation of ACI’s trade secrets for […]
Posted 12/20/23 in Business Court Blast
James H. Q. Davis Tr. v. JHD Props., LLC, 2023 NCBC 78A (N.C. Super. Ct. Nov. 16, 2023) (Bledsoe, C.J.) Key Terms: summary judgment; judicial dissolution; N.C.G.S. § 57D-6-02(2)(i); deadlock As summarized here, this action arose from disagreements over estate planning vehicles established by Dr. Davis for the benefit of […]
Posted 12/06/23 in Business Court Blast
Cone v. Blue Gem, Inc., 2023 NCBC 74 (N.C. Super. Ct. Nov. 7, 2023) (Earp, J.) Key Terms: derivative claim; improper purpose; N.C.G.S. § 55-7-46(2) and (3); attorneys’ fees As summarized here, the Court previously entered an opinion dismissing Plaintiffs’ derivative claim for breach of fiduciary duty with prejudice, dismissing […]
Posted 11/15/23 in Business Court Blast
Shareholder Matt Tomsic was recently appointed to the board of directors for Larry King’s Clubhouse. Larry King’s Clubhouse provides a free, drop-in childcare center for children between the ages of 6 weeks and 12 years of age whose family members are conducting business at the courthouse or serving […]
Posted 11/06/23 in News
U.S. News has recognized Rayburn Cooper & Durham, P.A., in its annual Best Law Firm Awards, ranking RCD regionally in the following practice areas: RCD ranked in Tier 1 for Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law; in Tier 1 for Corporate Law; in Tier 2 for Commercial Litigation […]
Posted 11/02/23 in Honors and Awards, News
Woodcock v. Cumberland Cnty. Hosp. Sys., Inc., 2023 NCBC 72 (N.C. Super. Ct. Oct. 18, 2023) (Davis, J.) Key Terms: summary judgment; limited partnership; general partner; breach of limited partnership agreement; implied covenant of good faith and fair dealing; breach of fiduciary duty This action involves a limited partnership dispute […]
Posted 10/31/23 in Business Court Blast
Karriker v. Harpoon Holdings, L.P., 2023 NCBC 67 (N.C. Super. Ct. Oct. 6, 2023) (Conrad, J.) Key Terms: motion to strike; motion to seal; Rule 12(f) Defendant moved to dismiss the complaint and then subsequently moved to either strike or seal a draft version of its Amended and Restated Limited […]
Posted 10/17/23 in Business Court Blast
Visionary Ed. Tech. Holdings Grp., Inc. v. Issuer Direct Corp., 2023 NCBC 65 (N.C. Super. Ct. Sept. 22, 2023) (Conrad, J.) Key Terms: N.C. Gen. Stat. § 25-8-403; security transfer; appropriate person; standing; transfer agent; security registration This action is a sister case to a case pending in Canada […]
Posted 10/03/23 in Business Court Blast
North Carolina ex rel. Stein v. MV Realty PBC, LLC, 2023 NCBC 59 (N.C. Super. Ct. Aug. 30, 2023) (Davis, J.) Key Terms: homeowner; listing agreement; preliminary injunction; House Bill 422; N.C.G.S. § 93A-85.2; covenant running with the land; UDTPA; liquidated damages; unenforceable penalty; notice of lis pendens; lien The […]
Posted 09/20/23 in Business Court Blast
Atkinson v. Lexington Cmty. Ass’n, 2023 NCBC 58 (N.C. Super. Ct. Aug. 16, 2023) (Conrad, J.) Key Terms: Planned Community Act; motion for judgment on the pleadings; Rule 12(c); declaratory judgment; declaration; standing; third-party complaint; moot After being sued in a dispute regarding recovery of earnest money, the Association filed […]
Posted 08/30/23 in Business Court Blast
The Best Lawyers in America® recognized two Rayburn Cooper & Durham attorneys in its 2024 edition. Rick Rayburn is listed by Best Lawyers® in the areas of: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Bet-the-Company Litigation Commercial Litigation Corporate Law Rayburn has served as the […]
Posted 08/22/23 in Honors and Awards, News
Murphy-Brown, LLC v. Ace Am. Ins. Co., 2023 NCBC 50 (N.C. Super. Ct. Aug. 7, 2023) (Davis, J.) Key Terms: primary insurance coverage; excess insurance coverage; nuisance lawsuit; hog farm; cause test Beginning in 2013, Plaintiffs were named defendants in multiple nuisance lawsuits, in which neighboring property owners alleged physical […]
Posted 08/16/23 in Business Court Blast
Chi v. N. Riverfront Marina & Hotel LLLP; Feng v. N. Riverfront Marina & Hotel, LLLP, 2023 NCBC 47 (N.C. Super. Ct. July 27, 2023) (Earp, J.) Key Terms: partnership; fraud; negligent misrepresentation; N.C.G.S. § 78A-8; statute of limitations; equitable tolling; Rule 9(b); conversion; breach of fiduciary duty; gross mismanagement; […]
Posted 08/02/23 in Business Court Blast
Found. Bldg. Materials, LLC v. Conking & Calabrese, Co., 2023 NCBC 46 (N.C. Super. Ct. July 7, 2023) (Earp, J.) Key Terms: temporary restraining order; expedited discovery; misappropriation of trade secrets; preliminary injunction; irreparable harm; balance of equities Plaintiff Foundation Building Materials, LLC (FBM) filed a complaint alleging that its […]
Posted 07/19/23 in Business Court Blast