The North Carolina Court of Appeals recently upheld a lower court's decision to award attorney's fees to Ashley Loftus in her legal battle with Marissa Mueller. The court's ruling, made on October 7, 2026, affirms that Mueller must pay Loftus $3,640 in attorney's fees after her complaint for a no-contact order was deemed to be filed in bad faith. This case highlights the importance of filing legitimate legal claims and the consequences of failing to do so.
The dispute began when Marissa Mueller filed a verified complaint against Ashley Loftus on April 25, 2025, seeking a no-contact order under North Carolina General Statute § 50C-2. At the time, Mueller was in a relationship with John Loftus, Ashley's former husband, who was engaged in a contentious child custody battle with her. Mueller's complaint alleged that Loftus harassed her at children's football games, followed her, and made derogatory remarks.
In her complaint, Mueller claimed that Loftus had verbally harassed her multiple times and even trespassed on property where Mueller stayed with children. She also alleged that Loftus had left threatening voicemails at her workplace and contacted her colleagues to question her professional qualifications. The trial court granted a temporary no-contact order for ten days and scheduled a hearing for May 2, 2025.
However, on April 28, 2025, Loftus filed a motion to dismiss the complaint and sought attorney's fees, arguing that Mueller's claims were unfounded. She provided evidence that Mueller's nurse practitioner license had lapsed at the time she prescribed medication for Loftus's son. Despite this, Mueller did not dismiss her complaint until the evening before the hearing, prompting Loftus to incur significant legal fees in preparation.
At the hearing on May 21, 2025, the trial court noted that Mueller's allegations were not frivolous but criticized her for waiting until the last minute to dismiss her complaint. The court found that her actions had caused Loftus to incur unnecessary legal expenses. The trial court ordered Mueller to pay Loftus's attorney fees, stating, "I find it unreasonable. I find it ridiculous... [Mueller] could have dismissed it earlier than that."
On appeal, Mueller argued that the trial court had not applied the correct legal standard in assessing attorney's fees against her. However, the Court of Appeals affirmed the lower court's ruling, stating that the findings of fact supported the conclusion that Mueller acted in bad faith. Judge Michael Stading noted that the trial court found Mueller's complaint was not well grounded in law and fact and was filed for an improper purpose.
The court's opinion emphasized that a party must undertake a reasonable inquiry into the facts before filing a complaint. In this case, the court found that Mueller had failed to do so, particularly given the evidence that her nurse practitioner license was inactive at the time she prescribed medication for Loftus's child. The court stated, "The Plaintiff's Complaint is not well grounded in law and fact and is not warranted by existing Law. It was filed in bad faith, and this Court finds that it was for an improper purpose."
This ruling serves as a reminder to individuals considering legal action that they must ensure their claims are legitimate and supported by evidence. The court's decision also reinforces the principle that parties who file frivolous or baseless claims may face financial consequences, including the payment of the opposing party's attorney's fees.
Looking ahead, it is unclear if Mueller will seek to appeal the decision further. The court's affirmation of the attorney's fees order may deter others from filing similar claims without sufficient grounds. The outcome of this case may influence how future no-contact order requests are handled in North Carolina, particularly in cases involving contentious personal relationships.