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Home / Opinion Digests / Civil Practice / Civil Practice — Voluntary Dismissal & Refiling – Statutes of Limitation – Corporate – Tort/Negligence (access required)

Civil Practice — Voluntary Dismissal & Refiling – Statutes of Limitation – Corporate – Tort/Negligence (access required)

Where plaintiff’s refiled 2021 complaint alleges facts in support of the breach of fiduciary duty claim that were not included in its 2015 voluntarily dismissed complaint, the expanded allegations are not subject to the savings provision of N.C. R. Civ. P. 41(a). The parties’ cross-motions for judgment on the pleadings are granted in part and denied ...

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