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 […]
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 […]
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 […]
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 […]
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 […]
North Carolina ex rel. Stein v. EIDP, Inc., 2023 NCBC 18 (N.C. Super. Ct. Mar. 2, 2023) (Robinson, J.) Key Terms: motion to dismiss; Rule 12(b)(6); contamination; chemical manufacturing; DuPont; PFAS; pollution; negligence; trespass; public nuisance; fraud; res judicata; consent order; statutes of limitations; nullum tempus In this action, the […]
Conservation Station, Inc. v. Bolesky, 2023 NCBC 14 (N.C. Super. Ct. Feb. 17, 2023) (Robinson, J.) Key Terms: entry of default; good cause; motion to dismiss; 12(b)(6); pro se litigant After Plaintiff filed suit in Wake County Superior Court, Defendant Bolesky, appearing pro se, filed a motion to dismiss, which […]
Downing v. Cycle Holdings, Inc., 2023 NCBC 10 (N.C. Super. Ct. Feb. 1, 2023) (Davis, J.) Key Terms: N.C.G.S. § 55-16-02(h); inspection rights; voting agreement; Delaware law Plaintiff, a shareholder of Defendant Cycle Holdings, filed this action seeking an order allowing him to inspect the corporate records of Defendant Cycle Labs, […]
Futures Grp., Inc. v. Brosnan, 2023 NCBC 4 (N.C. Super. Ct. Jan. 19, 2023) (Earp, J.) Key Terms: indemnification; advancement; partial summary judgment; choice of law; internal affairs doctrine; Delaware law; former director Defendant, a former director of Plaintiff The Futures Group, Inc. (“Futures”), filed a motion for partial summary […]
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 […]
IQVIA, Inc. v. Cir. Clinical Sols., Inc., 2023 NCBC 1 (N.C. Super. Ct. Jan. 6, 2023) (Conrad, J.) Key Terms: restrictive covenants; tortious interference with contract; unfair and deceptive trade practices; motion to dismiss; failure of consideration; evidence outside the pleadings; choice of law; public policy This action arises after […]
The Mecklenburg County Bar has selected Rayburn Cooper & Durham associate Natalie Kutcher for the 2023 Bar Leadership Institute (BLI). In its 21st 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 […]
Six attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2023 “Legal Elite” in Business North Carolina Magazine’s annual list. Each year, Business North Carolina sends ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a […]
Brown v. Onslow Bay Marine Grp., LLC, 2022 NCBC 84 (N.C. Super. Ct. Dec. 22, 2022) (Robinson, J.) Key Terms: summary judgment; attorneys’ fees; notice; N.C.G.S. 6-21.2(5); promissory note; royalties This action arose out of a dispute over three loans made by Plaintiff Brown to Defendant OBMG, evidenced by promissory […]
Futures Grp., Inc. v. Brosnan, 2022 NCBC 79 (N.C. Super. Ct. Dec. 7, 2022) (Earp, J.) Key Terms: 12(b)(6); motion to dismiss; breach of contract; promissory note Plaintiff, a technology and consulting services company, borrowed $800,000.00 from Defendant in exchange for a convertible revolving promissory note. Defendant made additional loans […]
Window World of Baton Rouge, LLC v. Window World, Inc.; Window World of St. Louis, Inc. v. Window World, Inc., 2022 NCBC 72 (N.C. Super. Ct. Nov. 10, 2022) (Bledsoe, C.J.) Key Terms: franchise; attorney-client privilege; crime-fraud exception; ex parte testimony; sanctions; adverse jury instructions; work-product doctrine Plaintiffs, franchisees of […]
Kelly v. Metro. Life Ins. Co., 2022 NCBC 70 (N.C. Super. Ct. Nov. 14, 2022) (Robinson, J.) Key Terms: automatic stay; summary judgment; Ponzi scheme; securities; fraud by omission; concealment; independent contractor; duty to speak; reasonable reliance; respondeat superior This case arose out of an alleged Ponzi scheme operated by […]
North Carolina ex rel. Stein v. Bowen, 2022 NCBC 64 (N.C. Super. Ct. Oct. 27, 2022) (Conrad, J.) Key Terms: personal jurisdiction; minimum contacts; specific jurisdiction; motion to dismiss Following the settlement of its 2019 lawsuit against JUUL Labs, Inc., the State of North Carolina filed suit against five officers […]
United Therapeutics Corp. v. Liquidia Techs., Inc., 2022 NCBC 59 (N.C. Super Ct. Oct. 13, 2022) (Earp, J.) Key Terms: trade secret misappropriation; UDTPA; in or affecting commerce; Rule 12(b)(6) Plaintiff, a biotech company, brought suit against Roscigno (a former executive) and Liquidia (a competing biotech company) for misappropriation of trade […]
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 […]
Total Merch. Servs., LLC v. TMS NC, Inc., 2022 NCBC 51 (N.C. Super. Ct. Sept. 19, 2022) (Bledsoe, C.J.) Key Terms: sanctions; show cause hearing; preliminary injunction; attorneys’ fees In a previous order entered August 30, 2022, the Court concluded that sanctions should be awarded against Defendants for their egregious […]
Brenner v. Hound Ears Club, Inc., 2022 NCBC 47 (N.C. Super. Ct. Sept. 1, 2022) (Bledsoe, C.J.) Key Terms: voluntary association; bylaws; Nonprofit Corporation Act Defendant is a non-profit corporation which owns and operates a private club for the purpose of running a gated subdivision with amenities. Property owners and […]
KNC Techs., LLC v. Tutton, 2022 NCBC Order 50 (N.C. Super. Ct. Aug. 17, 2022) (Davis, J.) Key Terms: Rule 38; Rule 39; right to jury trial; waiver Upon its own motion, the Court addressed whether a jury trial was appropriate. Neither party had requested a jury trial in their […]
On August 10, 2022, the North Carolina Business Court released three Orders of Significance in In re Southeastern Eye Center-Pending Matters and In re Southeastern Eye Center-Judgments. This litigation was initiated in 2012, resulting in a number of opinions and orders from the Court. The Orders released on August 10 […]
The Best Lawyers in America® recognized two Rayburn Cooper & Durham attorneys in its 2023 edition. Rick Rayburn is listed by Best Lawyers in the areas of: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Bet-the-Company Litigation Commercial Litigation Corporate Law Rayburn has served as the managing shareholder […]
