N.C. Business Court Opinions, April 24, 2024 – May 7, 2024

By: Natalie E. Kutcher, Ashley Oldfield, and Rachel Brinson Truist Fin. Corp. v. Rocco, 2024 NCBC 28 (N.C. Super. Ct. April 25, 2024) (Bledsoe, C.J.) Key Terms: Rule 12(b)(6); breach of fiduciary duty; tortious interference with contract; misappropriation of trade secrets; unfair and deceptive trade practices; civil conspiracy; unjust enrichment; […]

Posted 05/08/24 in Business Court Blast

N.C. Business Court Opinions, April 10, 2024 – April 23, 2024

By: Ashley Oldfield, Rachel Brinson, and Natalie Kutcher Rockingham Cnty. v. NTE Energy, LLC, 2024 NCBC 23 (N.C. Super. Ct. April 15, 2024) (Davis, J.) Key Terms: motion to dismiss; 12(b)(6); 12(b)(2); deferred ruling; piercing the corporate veil; civil conspiracy; facilitation of fraud; fraudulent inducement; account stated; promissory estoppel; attachment; […]

Posted 04/24/24 in Business Court Blast

N.C. Business Court Opinions, March 27, 2024 – April 9, 2024

By: Rachel E. Brinson Atl. Coast Conf. v. Bd. of Trs. of Fla. State Univ., 2024 NCBC 21 (N.C. Super. Ct. April 4, 2024) (Bledsoe, C.J.) Key Terms: Atlantic Coast Conference; Florida State University; ESPN; motion to dismiss; motion to stay; media rights agreements; 12(b)(1); 12(b)(2); 12(b)(6); 12(b)(7); declaratory judgment; […]

Posted 04/09/24 in Business Court Blast

N.C. Business Court Opinions, February 28, 2024 – March 12, 2024

JT Russell and Sons, Inc. v. Russell, 2024 NCBC 13 (N.C. Super. Ct. Feb 28, 2024) (Conrad, J.) Key Terms: Rule 12(b)(6); UDTPA; misuse of corporate resources; in or affecting commerce; breach of contract; statute of frauds; N.C.G.S. § 22-1; account stated; statute of limitations; constructive trust In this action, […]

Posted 03/13/24 in Business Court Blast

N.C. Business Court Opinions, February 14, 2024 – February 27, 2024

Cutter v. Vojnovic, 2024 NCBC 7 (N.C. Super. Ct. Feb. 16, 2024) (Bledsoe, C.J.) Key Terms: cross motions for summary judgment; motion to strike; personal knowledge; legal terms of art; common law partnership; indicia of an enforceable partnership; tortious interference with prospective economic advantage As previously summarized here, Plaintiff filed […]

Posted 02/28/24 in Business Court Blast

N.C. Business Court Opinions, January 31, 2024 – February 13, 2024

Intersal, Inc. v. Wilson, 2024 NCBC 3 (N.C. Super. Ct. Feb. 2, 2024) (Earp, J.) Key Terms: pirate ship; expert testimony; motion in limine; calculation of damages; Rule 702(a); Daubert standard; copyright law; hypothetical licensing model As summarized here, this dispute arises from a series of agreements between Plaintiff and […]

Posted 02/13/24 in Business Court Blast

N.C. Business Court Opinions, January 17, 2024 – January 30, 2024

Cardiorentis AG v. IQVIA Ltd., 2024 NCBC 2 (N.C. Super. Ct. Jan. 18, 2024) (Conrad, J.) Key Terms: N.C.G.S. § 1-75.12; inconvenient forum; stay; administrative dismissal Shortly after Plaintiff filed suit in 2018, Defendants moved to stay the case under N.C.G.S. § 1-75.12(a) arguing that North Carolina was an inconvenient […]

Posted 01/30/24 in Business Court Blast

N.C. Business Court Opinions, January 3, 2024 – January 16, 2024

BIOMILQ, Inc. v. Guiliano, 2023 NCBC 91A (N.C. Super. Ct. Jan. 9, 2024) (Robinson, J.) Key Terms: Rule 12(b)(5); amended order; dismissal without prejudice As summarized here, the Court previously entered an order granting Counterclaim-Defendants’ motions to dismiss pursuant to Rule 12(b)(5). The Court entered this amended order to clarify […]

Posted 01/17/24 in Business Court Blast

RCD Attorneys Named as 2024 Super Lawyers®

Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2024 North Carolina Super Lawyers®: 2024 North Carolina Super Lawyers Al Durham – Bankruptcy Business Ross Fulton – Business Litigation Kirk Hardymon – Business Litigation Jack Miller – […]

Posted 01/11/24 in Honors and Awards, News

RCD’s Ashley Oldfield Selected for the 2024 Bar Leadership Institute

The Mecklenburg County Bar has selected Rayburn Cooper & Durham associate Ashley Oldfield for the 2024 Bar Leadership Institute (BLI). In its 22nd year, BLI identifies and develops leaders for the Mecklenburg County Bar and Foundation by providing participants opportunities to develop their personal leadership potential and skills; become aware […]

Posted 01/11/24 in Honors and Awards, News

Seven RCD Attorneys Named to 2024 Business North Carolina’s Legal Elite – 3 Attorneys in the “Hall of Fame” in Their Respective Categories

Seven attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2024 “Legal Elite” in Business North Carolina Magazine’s annual list.   Scott Cooper – Business Ross Fulton – Appellate Kirk Hardymon – Litigation Jack Miller – Bankruptcy Ashley Oldfield – Bankruptcy Matt Tomsic – Bankruptcy […]

Posted 01/03/24 in Honors and Awards, News

N.C. Business Court Opinions, December 20, 2023 – January 2, 2024

Husqvarna Pro. Prods., Inc. v. Robin Autopilot Holdings, LLC, 2023 NCBC 88 (N.C. Super. Ct. Dec. 22, 2023) (Bledsoe, C.J.) Key Terms: Rule 15; amended complaint; futility; 12(b)(6); breach of fiduciary duty; tortious interference; anticipatory repudiation As previously summarized here, this dispute arose from a series of agreements entered into […]

Posted 01/03/24 in Business Court Blast

N.C. Business Court Opinions, December 6, 2023 – December 19, 2023

Am. Circuits, Inc. v. Bayatronics, LLC, 2023 NCBC 84 (N.C. Super. Ct. Dec. 8, 2023) (Robinson, J.) Key Terms: summary judgment; misappropriation of trade secrets; UDTPA; unjust enrichment; punitive damages; civil conspiracy This dispute arose from Defendant Patel’s resignation from ACI, and his alleged misappropriation of ACI’s trade secrets for […]

Posted 12/20/23 in Business Court Blast

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