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Lawsuit built on constructive trust claim fails (access required)

The unraveling of a lawsuit against Capital One in a North Carolina federal court underscores the dangers of basing a case solely on a constructive trust action. “Under North Carolina law, a constructive trust is a remedy for otherwise-established wrongs, not a freestanding cause of action,” U.S. District Judge Thomas Schroeder of Winston-Salem wrote in a ...

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