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 […]
Langley v. Autocraft, 2024 NCBC 45 (N.C. Super. Ct. July 23, 2024) (Earp, J.) Key Terms: breach of contract; summary judgment; illusory consideration Prior to beginning his employment with Autocraft, Plaintiff and Autocraft’s principal executed an agreement regarding the terms of Plaintiff’s employment. The agreement provided, among other terms, that […]
By: Ashley Oldfield and Jack Reynolds Atl. Coast Conf. v. Clemson Univ., 2024 NCBC 44 (N.C. Super. Ct. July 10, 2024) (Bledsoe, C.J.) Key Terms: motion to stay; first-filed; sovereign immunity; waiver; personal jurisdiction; declaratory judgment; justiciable controversy; implied covenant of good faith and fair dealing; fiduciary duty Following the […]
Associate Ashley Oldfield recently received the Young Lawyer of the Year Award from the Mecklenburg County Bar’s Young Lawyers Division (YLD). The award recognizes the outstanding impact young lawyers are making in the practice of law in Mecklenburg County. Ashley graduated magna cum laude from Wake Forest University School of […]
By: Rachel Brinson and Jack Reynolds BCORE Timber EC Owner LP v. Qorvo US, Inc., 2024 NCBC 42 (N.C. Super. Ct. June 21, 2024) (Earp, J.) Key Terms: summary judgment; statute of limitations; breach of lease; repudiation; sealed instruments; declaratory judgment; waste Plaintiff BCORE leased Defendant Qorvo an industrial building […]
Chambers USA has once again ranked Rayburn Cooper & Durham’s Bankruptcy/Restructuring practice area among the best in North Carolina. In addition, three of RCD’s bankruptcy attorneys—Rick Rayburn, Al Durham, and Jack Miller—were recognized as leaders in their field. RCD is one of the few small law firms in North Carolina […]
By: Jack Reynolds and Ashley Oldfield Johnson Bros. Corp. v. City of Charlotte, 2024 NCBC 37 (N.C. Super. Ct. June 7, 2024) (Bledsoe, C.J.) Key Terms: motion for reconsideration; Rule 54(b); motion to amend; Rule 15(a); CityLYNX Streetcar; public transportation; breach of contract; statute of limitations; futility; undue delay As […]
By: Jack Reynolds and Ashley Oldfield Merz Pharm., LLC v. Thomas, 2024 NCBC 35 (N.C. Super. Ct. May 22, 2024) (Davis, J.) Key Terms: motion for partial summary judgment; restrictive covenants; nonsolicitation agreement; asset transfer agreement; change of employer; breach of contract; botulinum toxin As summarized here, this suit arose […]
By: Natalie E. Kutcher Atl. Coast Conf. v. Bd. of Trs. of Fla. State Univ., 2024 NCBC 31 (N.C. Super. Ct. May 10, 2024) (Bledsoe, C.J.) Key Terms: automatic stay; appeal; interlocutory appeal; N.C. Gen. Stat. § 1-294 As summarized here, the Court previously denied Defendant’s motion to dismiss under […]
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; […]
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; […]
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; […]
By: Natalie E. Kutcher and Ashley B. Oldfield Sears Farm, LLC v. Samaritan Hous. Found., Inc., 2024 NCBC 19 (N.C. Super. Ct. Mar. 19, 2024) (Davis, J.) Key Terms: motion to dismiss; Rule 12(b)(1); Rule 12(b)(6); motion to strike; Rule 12(f); breach of contract; covenant of good faith and fair […]
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, […]
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 […]
