N.C. Business Court Opinions, November 1, 2023 – November 14, 2023

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

Matt Tomsic Appointed to the Board of Directors for Larry King’s Clubhouse

  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

N.C. Business Court Opinions, October 18, 2023 – October 31, 2023

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

N.C. Business Court Opinions, August 30, 2023 – September 19, 2023

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

N.C. Business Court Opinions, August 16, 2023 – August 29, 2023

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

N.C. Business Court Opinions, August 2, 2023 – August 15, 2023

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

N.C. Business Court Opinions, July 19, 2023 – August 1, 2023

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

N.C. Business Court Opinions, July 5, 2023 – July 18, 2023

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

N.C. Business Court Opinions, June 21, 2023 – July 4, 2023

Vanguard Pai Lung, LLC v. Moody, 2023 NCBC 44 (N.C. Super. Ct. Jun. 27, 2023) (Conrad, J.) Key Terms: self-dealing; judgment notwithstanding the verdict; motion for a new trial; motion to amend the judgment; Rule 59(e); jury instructions; fraud; circumstantial evidence; waiver of issues; conversion; embezzlement; UDTPA; in or affecting […]

Posted 07/04/23 in Business Court Blast

N.C. Business Court Opinions, June 7, 2023 – June 20, 2023

Loray Mill Devs., LLC v. Camden Loray Mill Phase I, LLC, 2023 NCBC 41 (N.C. Super. Ct. Jun. 12, 2023) (Bledsoe, C.J.) Key Terms: partial summary judgment; motion for reconsideration; Rule 60(b); Rule 54(b); declaratory judgment; statute of limitations After Plaintiffs filed suit on April 5, 2021, Defendants answered and […]

Posted 06/21/23 in Business Court Blast

N.C. Business Court Opinions, May 24, 2023 – June 6, 2023

Brakebush Bros., Inc. v. Certain Underwriters at Lloyd’s of London – Novae 2007 Syndicate Subscribing to Pol’y No. 93PRX17F157, 2023 NCBC 37 (N.C. Super. Ct. May 30, 2023) (Davis, J.) Key Terms: summary judgment; fire insurance; N.C.G.S. § 58-44-16; fraud In 2018, Brakebush acquired a chicken processing plant which had […]

Posted 06/07/23 in Business Court Blast

N.C. Business Court Opinions, May 10, 2023 – May 23, 2023

Trail Creek Invs. LLC v. Warren Oil Holding Co., 2023 NCBC 36 (N.C. Super. Ct. May 9, 2023) (Davis, J.) Key Terms: environmental liabilities; motion to strike; Rule 12(b)(6); breach of fiduciary duty; constructive fraud; statute of limitations; negligent misrepresentation; economic loss rule; fraud; Rule 9(b); breach of contract; breach […]

Posted 05/24/23 in Business Court Blast

N.C. Business Court Opinions, April 26, 2023 – May 9, 2023

Davis v. HCA Healthcare, Inc., 2023 NCBC 32 (N.C. Super. Ct. April 27, 2023) (Davis, J.) Key Terms: restraint of trade; monopoly maintenance; monopoly leverage; monopoly acquisition; attempted monopoly; healthcare; outpatient services; inpatient services Plaintiffs initially filed suit alleging various monopoly and restraint of trade claims against Defendants, who operate […]

Posted 05/09/23 in Business Court Blast

N.C. Business Court Opinions, April 12, 2023 – April 25, 2023

Blue Cross & Blue Shield of N.C. v. MH Master Holdings, LLLP, 2023 NCBC 31 (N.C. Super. Ct. April 4, 2023) (Bledsoe, C.J.) Key Terms: motion to dismiss; health insurance reimbursements; statute of limitations; contractually abridged limitations period In October 2022, Plaintiff Blue Cross & Blue Shield of North Carolina […]

Posted 04/25/23 in Business Court Blast

N.C. Business Court Opinions, March 29, 2023 – April 11, 2023

Shaver v. Walker, 2023 NCBC 27 (N.C. Super. Ct. Mar. 31, 2023) (Earp, J.) Key Terms: stock options; motion to dismiss; Rule 12(b)(6); Rule 9(b); fraud; breach of fiduciary duty; constructive fraud; negligent misrepresentation Plaintiff brought suit against Vadum, Inc. (his employer) and Walker (his brother-in-law and the owner/CEO of […]

Posted 04/12/23 in Business Court Blast

N.C. Business Court Opinions, March 15, 2023 – March 28, 2023

Relation Ins., Inc. v. Pilot Risk Mgmt. Consulting, LLC, 2023 NCBC 21 (N.C. Super. Ct. Mar. 16, 2023) (Davis, J.) Key Terms: 30(b)(6) deposition; errata sheet; Rule 30(e) After deposing Plaintiffs’ corporate representative, Jonathan Cooper, pursuant to Rule 30(b)(6), Defendants received an errata sheet for Cooper’s deposition transcript which contained […]

Posted 03/28/23 in Business Court Blast

RCD Attorneys Named as 2023 Super Lawyers®

  Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2023 North Carolina Super Lawyers®:   2023 North Carolina Super Lawyers Al Durham – Bankruptcy Business Ross Fulton – Business Litigation Kirk Hardymon – Business Litigation Jack […]

Posted 01/26/23 in Honors and Awards, News