Rayburn Cooper & Durham is pleased to announce that Ashley Oldfield has been named a shareholder of the firm. Ashley’s practice focuses on business litigation, appeals, and bankruptcy. Her work includes handling matters relating to shareholder and member rights, trade secrets, fiduciary duties, unfair trade practices, commercial leases, real property, […]
Seven attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers in Business North Carolina’s 2026 Legal Elite. Scott Cooper – Business Ross Fulton – Business; Litigation (Hall of Fame) Kirk Hardymon – Litigation Jack Miller – Bankruptcy Ashley Oldfield – Young Guns Rick Rayburn – Bankruptcy (Hall of Fame) Matt Tomsic – Bankruptcy […]
By: Ashley Oldfield Kayser-Roth Corp. v. Gallotti, 2025 NCBC 76 (N.C. Super. Ct. Dec. 29, 2025) (Robinson, C.J.) Key Terms: Rule 12(b)(6) motion to dismiss; contract interpretation; ambiguity; damages; fraud; breach of contract; Wage and Hour Act; statute of limitations This action arose out of Defendant’s employment with, and termination […]
By: Austin Webber and Ashley Oldfield Cherry v. Mauck, 2025 NCBC 74 (N.C. Super. Ct. Dec. 8, 2025) (Conrad, J.) Key Terms: summary judgment; LLC; contractual dissolution; N.C.G.S. § 57D-6-02(2); judicial dissolution; N.C.G.S. § 57D-6-03(d); breach of contract; declaratory judgment This case arises out of a management dispute in two […]
RCD is pleased to recognize Ashley Oldfield for her induction into the 2024 North Carolina Pro Bono Honor Society. The Pro Bono Honor Society recognizes attorneys who provide 50 or more hours of pro bono legal services in a given year to help meet the legal needs of people of […]
By: Lauren Schantz Estevez v. C&S Com., LLC, 2025 NCBC 73 (N.C. Super. Ct. Nov. 25, 2025) (Houston, J.) Key Terms: Rule 12(b)(6); breach of fiduciary duty; piercing the corporate veil; limited liability company; majority member; remedy; N.C.G.S. 57D-3-30; mere instrumentality; alter ego; domination; conclusory allegations; operating agreement; waiver; […]
By: Ashley B. Oldfield Moore v. Brooks, 2025 NCBC 69 (N.C. Super. Ct. Nov. 7, 2025) (Houston, J.) Key Terms: Rule 12(b)(2); specific personal jurisdiction; purposeful availment; attorney-client relationship Defendant Winthrop Intelligence, LLC, a Wyoming LLC, was formed by Drue Moore and his cousin in 2009. Drue later hired […]
RCD associate Ashley Oldfield recently co-authored two articles for the ABA’s Business Law Today Month-in-Brief: “Supreme Court of North Carolina Determines Well-Negotiated ‘Buyback’ Provisions May Defeat a Shareholder’s Claim for Judicial Dissolution” and “North Carolina Business Court Analyzes Delaware Law to Decide Whether Plaintiffs Had Standing to Bring Derivative Claims,” […]
By: Rachel Brinson Rucker v. Kubler, 2025 NCBC 65 (N.C. Super. Ct. Oct. 22, 2025) (Conrad, J.) Key Terms: motion to dismiss; Ponzi scheme; securities; investments; standing; subject matter jurisdiction; traceability Plaintiffs Mike and Kristina Rucker initiated this action against their longtime financial advisor Kubler and several related companies, […]
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 […]
