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Tag Archives: Breach of Fiduciary Duty

Corporate – LLC – Tort/Negligence – Breach of Fiduciary Duty – Usurped Opportunity – Covenant Not to Compete – Surgery Center (access required)

SCA-Blue Ridge, LLC v. WakeMed (Lawyers Weekly No. 020-004-16, 18 pp.) (Gregory McGuire, J.) 2016 NCBC 2 Holding: Although the plaintiff-limited liability company’s operating agreement alters certain fiduciary duties the defendant-majority member might ordinarily owe the plaintiff-minority member, plaintiffs’ claim ...

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Tort/Negligence — Tortious Interference with Contract – Labor & Employment – Covenant Not to Compete – Aiding & Abetting Breach of Fiduciary Duty (access required)

Veer Right Management Group, Inc. v. Czarnowski Display Service, Inc. (Lawyers Weekly No. 15-15-0138, 12 pp.) (James Gale, C.J.) 2015 NCBC 12 Holding: The complaint alleges that the defendant-company knew that the individual defendant was employed by plaintiff, knew about ...

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Tort/Negligence – Breach of Fiduciary Duty – Unfair Trade Practices – Contract – Bakery Distributor (access required)

Troche v. Bimbo Foods Bakeries Distribution, Inc. (Lawyers Weekly No. 14-04-0386, 8 pp.) (Robert Conrad Jr., J.) 3:11-cv-00234; W.D.N.C. Holding: Although the parties’ “Distribution Agreement” identifies plaintiffs as “distributors” and “independent contractors” and expressly states, “No fiduciary relationship exists between ...

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