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

N.C. Business Court Opinions, September 28, 2022 – October 11, 2022

Philip Morris USA, Inc. v. N.C. Dep’t of Revenue, 2022 NCBC 58 (N.C. Super. Ct. Sept. 29, 2022) (Earp, J.) Key Terms: judicial review; final agency determination; N.C.G.S. § 105-130.45; tax credit; cigarette exportation; Export Credit; generate; statutory interpretation; plain language; legislative intent The dispute at its core is over […]

Posted 10/12/22 in Business Court Blast