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Tort/Negligence — Fraudulent Inducement – Trusts & Estates – Domestic Relations – Florida Divorce – Civil Practice – Subject Matter Jurisdiction – Statute of Limitations (access required)

Ward v. Fogel (Lawyers Weekly No. 14-07-1115, 27 pp.) (Robert C. Hunter, J.) Appealed from Wake County Superior Court (Paul Gessner, J.) N.C. App. Holding: While plaintiff trusted her husband with the couple’s finances, the husband, as grantor, put some ...

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Tort/Negligence — Unfair Trade Practices – Learned Profession Exception – Medical Malpractice – Physician’s Peer Review – Abatement (access required)

Wheeless v. Maria Parham Medical Center, Inc. (Lawyers Weekly No. 14-07-1116, 19 pp.) (Wanda Bryant, J.) Appealed from Vance County Superior Court (Robert Hobgood, J.) N.C. App. Holding: Where plaintiff complains that one or more medical professionals (defendants) sent correspondence ...

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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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