By: Natalie E. Kutcher Estevez v. C&S Com., LLC, 2026 NCBC 80 (N.C. Super. Ct. Oct. 19, 2026) (Houston, J.) Key Terms:partial summary judgment; Rule 56; operating agreement; unjust enrichment; declaratory judgment; standing; controversy; unconscionability; fiduciary duty; punitive damages As previously summarized here, this case arises from a dispute between […]
By: Austin Webber High Point BBC, LLC v. Arvelo, 2026 NCBC 79 (N.C. Super. Ct. Oct. 6, 2026) (Houston, J.) Key Terms: motion to dismiss; Rule 12(b)(1); Rule 12(b)(6); BCR 7.4; judicial notice; North Carolina Secretary of State; subject matter jurisdiction; standing; Rule 15; Rule 17; breach of contract; declaratory […]
Apex Elastics, LLC, v. Tucker, 2026 NCBC 76 (N.C. Super. Ct. Sept. 9, 2026) (Houston, J.) Key Terms: limited liability company; personal protective equipment; third-party defendant; N.C.G.S. § 1-76(4); N.C.G.S. § 1-83(1); N.C.G.S. § 1-82 Plaintiff Apex Elastics, LLC, owned and operated by Thomas Lewis, is a North Carolina limited […]
By: Lauren Schantz Spencer Creek, L.L.C. v. Linville Ridge Prop. Owners’ Ass’n, Inc., 2026 NCBC 74 (N.C. Super. Ct. Aug. 28, 2026) (Houston, J.) Key Terms: property owners’ association; motion to dismiss; Rule 12(b)(6); breach of fiduciary duty; direct claims; injunctive relief; Rule 12(b)(7); necessary party; proper party; declaratory judgment; […]
By: Rachel Brinson Davis v. McHatton, 2026 NCBC 72 (N.C. Super. Ct. Aug. 12, 2026) (Conrad, C.J.) Key Terms: motion to dismiss; limited liability company; corporate control; judicial dissolution; receiver; N.C.G.S. § 57D-6-02; N.C.G.S. § 57D-6-03(d) Plaintiff, an equal member and manager in two limited liability companies, sued his co-member/manager […]
The Best Lawyers in America® recognized three Rayburn Cooper & Durham attorneys in its 2027 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 Rick has served as the managing shareholder […]
By: Amanda Reader, Romney Harris, and Ashley Oldfield Blue v. Efincia Constr., LLC, 2026 NCBC 70 (N.C. Super. Ct. July 30, 2026) (Shirley, J.) Key Terms: summary judgment; North Carolina Wage and Hour Act; wages; profit-sharing payments; derivative claims; pre-suit demand; N.C.G.S. § 57D-8-01; unfair and deceptive trade practices; Chapter […]
By: Amanda Reader, Romney Harris, and Ashley Oldfield Howard v. IOMAXIS, LLC, 2026 NCBC 63 (N.C. Super Ct. July 15, 2026) (Robinson, C.J.) Key Terms: Rule 12(b)(6); fraud; reasonable reliance; specific performance This action, filed in 2018, involves a dispute between the Ronald E. Howard Revocable Trust (a purported 51% […]
By: Amanda Reader, Romney Harris, and Lauren Schantz FS Med. Supplies, LLC v. TannerGap, Inc., 2026 NCBC 61 (N.C. Super Ct. July 2, 2026) (Houston, J.) Key Terms: motion to dismiss; Rule 12(b)(6); prior pending action doctrine; abatement; federal court; subject matter jurisdiction; collateral attack Plaintiff, a Delaware company based […]
By: Amanda Reader, Romney Harris, and Ashley Oldfield Covenant Clearinghouse LLC v. D.R. Horton, Inc, 2026 NCBC 56 (N.C. Super Ct. June 19, 2026) (Houston, J.) Key Terms: Rule 12(b)(6); Rule 12(b)(7); declaratory judgment; breach of contract; declaration; real property; N.C.G.S. Chapter 39(A); transfer fee covenant; horizontal privity; touch and […]
By: Amanda Reader, Romney Harris, and Ashley Oldfield BioSkryb Genomics, Inc. v. AClarity Genomics Inc., 2026 NCBC 51 (N.C. Super. Ct. June 8, 2026) (Conrad, J.) Key Terms: summary judgment; California choice-of-law clause; nonsolicitation covenant; restrictive covenant; public policy exception; extraterritorial effect; attorney’s fees Plaintiff, a Delaware company headquartered […]
Rayburn Cooper & Durham, P.A. is pleased to welcome Stephen Koehler to the firm as Of Counsel. A graduate of Wake Forest University School of Law, Steve has handled and tried cases in almost every area of business and tort litigation over the past thirty-five years and has successfully argued […]
By: Romney Harris, Amanda Reader, and Ashley Oldfield Wright v. LoRusso, 2026 NCBC 48 (N.C. Super. Ct. May 21, 2026) (Conrad, J.) Key Terms: notice of appeal; N.C. R. App. P. (3)(a), (c)(1); time for taking Appeal; N.C.G.S. § 7A-27(a) As summarized here, the Court previously entered a final […]
By: Lauren Schantz and Ashley Oldfield Best Logistics Grp., Inc. v. Bravo, 2026 NCBC 46 (N.C. Super. Ct. May 8, 2026) (Conrad, J.) Key Terms: motion to dismiss; Rule 12(b)(6); BCR 7.4; breach of employment agreement; solicitation of employees; conclusory; solicitation of customers; overbroad; tortious interference with contract; tortious interference […]
By: Austin Webber PJC Mgmt. Grp., LLC v. MAACO Franchisor SPV LLC, 2026 NCBC 37 (N.C. Super. Ct. Apr. 22, 2026) (Conrad, J.) Key Terms: franchise agreement; Rule 12(b)(6); breach of contract; implied covenant of good faith and fair dealing; joint liability; guaranty; declaratory judgment; unfair and deceptive trade practices; […]
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 […]
