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Tort/Negligence — Fraud & Constructive Fraud – Labor & Employment – Contract – Civil Practice – Heightened Pleading Standard (access required)

Irwin v. Federal Express Corp. (Lawyers Weekly No. 14-03-1060, 16 pp.) (Thomas Schroeder, J.) 1:14-cv-00557; M.D.N.C. Holding: The heightened pleading standard of Fed. R. Civ. P. 9(b) applies not only to actual fraud claims, but also to constructive fraud claims. ...

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Tort/Negligence — Breach of Fiduciary Duty – Professional Malpractice – Accounting Firm – Audit Client – Banks & Banking – Credit Union – Taxation – Unfiled Forms (access required)

Commscope Credit Union v. Butler & Burke, LLP (Lawyers Weekly No. 14-07-1024, 21 pp.) (Linda Stephens, J.) Appealed from Catawba County Superior Court (Richard Doughton, J.) N.C. App. Holding: Even if the relationship between an accounting firm and its audit ...

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Tort/Negligence — Constructive Trust – No Fiduciary Duty – Civil Practice – Statute of Limitations – Negligence & Negligent Misrepresentation – Discovery Rule (access required)

Trana Discovery, Inc. v. Southern Research Institute (Lawyers Weekly No. 14-02-1018, 17 pp.) (James Fox, Sr. J.) 5:13-cv-00848; E.D.N.C. Holding: Both parties were sophisticated business entities with a great deal of technical knowledge; defendant did not hold all the cards, ...

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Tort/Negligence — Military Vehicles – Toxic Substances – Civil Practice – Diversity Jurisdiction (access required)

Fridia v. Lockheed Martin Corp. (Lawyers Weekly No. 14-02-0951, 5 pp.) (Terrence Boyle, J.) 5:14-cv-00297; E.D.N.C. Holding: Plaintiff alleges that each defendant, both collectively and in the alternative, transported military vehicles under their exclusive custody and control from the Middle ...

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