By: Rachel Brinson Yoder v. Verm, 2025 NCBC 22 (N.C. Super. Ct. May 6, 2025) (Brown, J.) Key Terms: summary judgment; settlement agreement; 12(c) motion; collateral estoppel; breach of contract As summarized here, this action arose from Defendants’ purported breaches of a Settlement Agreement resolving previous litigation between the parties. […]
By: Natalie E. Kutcher Atkore Int’l, Inc. v. Dinkheller, 2025 NCBC 20 (N.C. Super. Ct. April 10, 2025) (Robinson, C.J.) Key Terms: motion to dismiss; non-compete agreement; misappropriation of trade secrets; NCUDTPA; tortious interference Plaintiff filed suit against a former employee, Keith Dinkheller, and his new employer, National Pipe & […]
By: Austin Webber Rodriguez v. FastMed Urgent Care, Inc., 2025 NCBC 15 (N. C. Super. Ct. Mar. 25, 2025) (Davis, J.) Key Terms: Rule 12(b)(6); common law negligence; emotional distress; economic injury Plaintiff Jackelyn Rodriguez initiated this putative class action, asserting claims for violation of the N.C. Electronic Surveillance […]
By: Lauren Schantz Hart v. First Oak Wealth Mgmt., LLC, 2025 NCBC 11 (N.C. Super. Ct. Mar. 14, 2025) (Earp, J.) Key Terms: summary judgment; accredited investor; (un)registered investment adviser; private equity investments; conflict of interest; regulatory agency investigation; consent order; North Carolina Investment Advisers Act; statute of limitations; […]
By: Ashley Oldfield JT Russell & Sons, Inc. v. Russell, 2025 NCBC 7 (N.C. Super. Ct. Mar. 4, 2025 (Conrad, J.) Key Terms: Rule 12(b)(6); derivative claims; independent panel; N.C.G.S. § 55-7-44; judicial removal of a director; N.C.G.S. § 55-8-09 As summarized here, this action involves a dispute between two […]
By: Rachel Brinson Water.io Ltd v. Sealed Air Corp, 2025 NCBC 5 (N.C. Super. Ct. Feb. 19, 2025) (Conrad, J.) Key Terms: motion to dismiss; breach of contract; repudiation; nonperformance; counterclaims; implied covenant of good faith and fair dealing; UDTP; N.C.G.S. § 75-1.1; Rule 12(b)(6); statute of limitations; N.C.G.S. § […]
Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2025 North Carolina Super Lawyers®: 2025 North Carolina Super Lawyers Al Durham – Bankruptcy Business Ross Fulton – Business Litigation Kirk Hardymon – Business Litigation Jack […]
By: Natalie E. Kutcher CTS Metrolina, LLC v. Berastain, 2025 NCBC 3 (N.C. Super. Ct. Feb. 4, 2025) (Earp, J.) Key Terms: motion to dismiss; Rule 12(b)(6); unfair and deceptive trade practices act; tortious interference; misappropriation of trade secrets; computer trespass; N.C.G.S. 14-458(a); vicarious liability; declaratory judgment; civil conspiracy As […]
By: Austin Webber Cherry v. Mauck, 2025 NCBC 1 (N.C. Super. Ct. Jan. 21, 2025) (Conrad, J.) Key Terms: Rule 12(b)(6); breach of contract; breach of fiduciary duty Plaintiffs and Defendant are co-owners of two family businesses. Plaintiff commenced this action asserting claims for breach of contract and breach of […]
Associate Lauren Schantz was recently appointed to the board of directors for the Epiphany School of Charlotte. The Epiphany School is a non-profit independent day school bringing exceptional academic, social, and emotional programs and support to neurodivergent children in grades 3 through 8 with ASD-1 (formerly known as Asperger’s) or […]
Seven attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2025 “Legal Elite” in Business North Carolina Magazine’s annual list. Scott Cooper – Corporate Ross Fulton – Litigation (Hall of Fame); Appellate Kirk Hardymon – Litigation Jack Miller – Bankruptcy Ashley Oldfield – Young […]
By: Lauren Schantz Maxwell Foods, LLC v. Smithfield Foods, Inc., 2024 NCBC 89 (N.C. Super. Ct. Dec. 30, 2024) (Conrad, J.) Key Terms: hogs; summary judgment; breach of contract; most-favored-nation clause; output contract; force majeure; Covid-19 pandemic; UCC Article 2; contract interpretation; statute of limitations; repudiation; anticipatory breach; impracticability; good-faith […]
By: Ashley Oldfield and Austin Webber In re Se. Eye Ctr. (Pending Matters); In re Se. Eye Ctr. (Judgments), 2024 NCBC 83 (N.C. Super. Ct. Dec. 19, 2024) (Bledsoe, C.J.) Key Terms: receivership; N.C.G.S. § 1-507.6; Rule 12(b)(1); Rule 12(h)(3); subject matter jurisdiction This action represents a long-running group of […]
By: Rachel Brinson, Ashley Oldfield, and Natalie Kutcher Howard v. IOMAXIS, LLC, 2024 NCBC 76 (N.C. Super. Ct. Nov. 27, 2024) (Earp, J.) Key Terms: motion to dismiss; Rule 12(b)(6); Rule 12(b)(2); Rule 12(b)(1); specific jurisdiction; corporate successors; successor jurisdiction; standing; breach of contract; breach of covenant of good […]
By: Ashley Oldfield Miller v. RedGoose, LLC, 2024 NCBC 74 (N.C. Super. Ct. Nov. 26, 2024) (Davis, J.) Key Terms: motion to dismiss; fraud; computer trespass; N.C.G.S. § 14-458; tortious interference with contract, UDTP Plaintiff Miller initiated this suit against his former employer, Defendant RedGoose, alleging claims under the N.C. […]
By: Natalie E. Kutcher Honeywell Safety Prods. USA, Inc. v. SVS LLC, 2024 NCBC 71 (N.C. Super. Ct. Nov. 14, 2024) (Conrad, J.) Key Terms: motion to dismiss; Rule 12(b)(6); repudiation; UCC; N.C.G.S. § 25-2-609; adequate assurance This case arises from Honeywell’s agreement to supply nitrile gloves to S2S Global. […]
Al Durham recently presented on “Professional Wisdom” at the NCBA’s 47th Annual Bankruptcy Institute held in Wrightsville Beach, NC. Al was joined by Keith Johnson of R. Keith Johnson, PA and Dirk Siegmund of Ivey McClellan Siegmund Brumbaugh & McDonough LLP. They shared insights into enduring principles of professionalism and […]
Rayburn Cooper & Durham associate Ashley Oldfield recently presented “Eyeing the Competition: Non-Competes, Trade Secrets, and the FTC’s Proposed Non-Compete Rule” at the Mecklenburg Bar Association’s 12th Annual North Carolina Business Court CLE held in Charlotte, NC. Ashley was joined by Katie Burchette of Johnston Allison Hord to discuss the […]
By: Lauren Schantz Egan v. Buena Vista, Inc., 2024 NCBC 69 (N.C. Super. Ct. Oct. 9, 2024) (Earp, J.) Key Terms: motion to enforce settlement agreement; criminal prosecution; representations of counsel; contract formation; attorney communications with client; authority to settle; sanctions; BCR 7.2 Plaintiff Michael Egan and Defendant Timothy Anderson […]
By: Ashley Oldfield Dapper Dev., L.L.C., Cordell, 2024 NCBC 63 (N.C. Super. Ct. Sept. 25, 2024) (Bledsoe, C.J.) Key Terms: Rule 12(b)(6); breach of contract, breach of consent order; duty of good faith and fair dealing; declaratory judgment The Individual Plaintiffs and Defendant were the sole members and managers of […]
By: Rachel Brinson Yoder v. Verm, 2024 NCBC 60 (N.C. Super. Ct. Sept. 10, 2024) (Bledsoe, C.J.) Key Terms: judgment on the pleadings; Rule 12(c); breach of settlement agreement; reasonable time to perform; contract interpretation The parties here were previously involved in three lawsuits which resulted in a Settlement Agreement […]
By: Natalie Kutcher Intersal, Inc. v. Wilson, 2024 NCBC 56 (N.C. Super. Ct. Aug. 30, 2024) (Earp, J.) Key Terms: pirate ship; summary judgment; Emoluments Clause; North Carolina State Constitution; Monopolies Clause; Umstead Act; N.C. Gen. Stat. § 143-162.2 As summarized here, this case arises from a series of agreements […]
By: Lauren Schantz ALCOF III NUBT, L.P. v. Chirico, 2024 NCBC 52 (N.C. Super. Ct. Aug. 21, 2024) (Conrad, J.) Key Terms: failure to state a claim; fraudulent omission; duty to disclose; officer; affirmative acts; silence Plaintiffs, investors in Avaya, Inc., brought suit against three of Avaya’s officers, alleging that […]
The Best Lawyers in America® recognized two Rayburn Cooper & Durham attorneys in its 2025 edition. Rick Rayburn is a “Lawyer of the Year” recipient in the 2025 edition of The Best Lawyers in America®! “Lawyer of the Year” is awarded to only one lawyer per region and […]
By: Ashley Oldfield United Therapeutics Corp. v. Liquidia Techs., Inc., 2024 NCBC 47 (N.C. Super. Ct. July 31, 2024) (Earp, J.) Key Terms: summary judgment; trade secret misappropriation; reasonable measures; three-year restriction Plaintiff, a biotech company, brought suit against Roscigno (a former executive) and Liquidia (a competing biotech company) for […]
