By: Lauren J. Schantz Chalk v. Chalk, 2026 NCBC 31 (N.C. Super. Ct. Apr. 9, 2026) (Earp, J.) Key Terms: summary judgment; Rule 56; closely-held corporation; Age Discrimination in Employment Act; Title VII of the Civil Rights Act of 1964; wrongful discharge; North Carolina Equal Employment Practices Act; N.C.G.S. § 143-422.2; […]
RCD shareholder Ashley Oldfield has been selected as a North Carolina Lawyers Weekly 2026 Phenom recipient. She will be honored at North Carolina Lawyers Weekly’s Excellence in Law event on April 23 in Chapel Hill. The Phenom category recognizes attorneys with 10 years or less experience in their legal practice […]
By: Ashley B. Oldfield Stoutt v. Perez Duran, 2026 NCBC 27 (N.C. Super. Ct. Mar. 24, 2026) (Conrad, J.) Key Terms: LLC; motion to dismiss; fraud; Rule 9(b); standing; joint venture agreement This case concerns a business, P & S Landacaping, LLC, and a dispute between Plaintiff, its manager, and […]
By: Rachel E. Brinson Ordoñez Cordero v. Ordoñez Cordero, 2026 NCBC 20 (N.C. Super. Ct. Mar. 10, 2026) (Houston, J.) Key Terms: motion to dismiss; BCR 7.2 Defendant included a one paragraph “motion to dismiss” pursuant to Rule 12(b)(6) in his answer and identified it as an initial motion for […]
By: Austin Webber Lucas v. Hopper, 2026 NCBC 16 (N.C. Super. Ct. Feb. 27, 2026) (Davis, J.) Key Terms: summary judgment; unjust enrichment; proper parties As previously summarized here, this case involves a dispute regarding the business relationship between Andrew Lucas and Harold Hopper. The Court previously granted summary […]
By: Natalie E. Kutcher Apex Health, Inc. v. Atrium Health, Inc., 2026 NCBC 10 (N.C. Super. Ct. Feb. 11, 2026) (Earp, J.) Key Terms: motion to amend; Rule 15; breach of contract; unfair and deceptive trade practices; futility; undue delay; undue prejudice; fraudulent inducement; bad faith Plaintiffs Apex Health, […]
Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2026 North Carolina Super Lawyers®: 2026 North Carolina Super Lawyers Ross Fulton – Business Litigation Kirk Hardymon – Business Litigation Jack Miller – Business Bankruptcy Rick Rayburn –Business/Corporate […]
By: Lauren Schantz Child Care Inc. v. LJ Schs. (Carolina), Inc., 2026 NCBC 8 (N.C. Super. Ct. Feb. 6, 2026) (Brown, J.) Key Terms: cross-motions for summary judgment; asset purchase agreement; breach of contract; breach of the duty of good faith and fair dealing; declaratory judgment; clear and unambiguous; […]
By: Ashley B. Oldfield Lucas v. Hopper, 2026 NCBC 1 (N.C. Super. Ct. Jan. 14, 2026) (Davis, J.) Key Terms: motion to strike affidavit; summary judgment; partnership; joint venture; principal and agent; unjust enrichment This case involves a dispute regarding the business relationship between Andrew Lucas and Harold Hopper. Plaintiff […]
By: Rachel Brinson KJET Ventures, LLC v. Jamison, 2026 NCBC Order 1 (N.C. Super. Ct. Jan. 7, 2026) (Houston, J.) Key Terms: public censure and admonishment; Rule 11 sanctions, order to show cause, criminal contempt; attorneys’ fees; withdrawal as counsel As summarized here, the Court previously ordered Defendants’ attorney […]
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 […]
