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Tag Archives: Breach of Fiduciary Duty

Intellectual Property – Copyright – Unfair Trade Practices – Preemption – Extra Element – Breach of Fiduciary Duty (access required)

Viable Solutions, L.L.C. v. Solace Consulting, LLC. (Lawyers Weekly No. 10-04-0941, 7 pp.) (David C. Keesler, USMJ) W.D.N.C. Holding: Plaintiff showed that defendant Roundtree had access to plaintiff’s copyrighted manual and notice of its confidentiality when Roundtree worked for two ...

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Mediated settlement reached in Indian Beach condo dispute (access required)

The plaintiff was serving as general contractor on a 70-unit condominium project located at Indian Beach (“the project”) in a contract with Shearin Family Investments, LLC (“Shearin”). The defendant was the construction lender for the project. Beginning in 2007, the ...

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Civil Practice – Motion for Reconsideration – Standard – Tort/Negligence – Breach of Fiduciary Duty (access required)

Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (Lawyers Weekly No. 10-15-0731, 6 pp.) (Ben F. Tennille, Ch.J.) N.C. Bus. Ct. Holding: Plaintiff contends it learned in discovery that defendants exercised significant discretion over plaintiff’s investments, plaintiff did not have the ...

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Civil Practice – Motion for Reconsideration – Standard – Tort/Negligence – Breach of Fiduciary Duty (access required)

Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. Plaintiff contends it learned in discovery that defendants exercised significant discretion over plaintiff's investments, plaintiff did not have the power to approve or veto any such investments, and plaintiff relied on defendants for investment advice.

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Dispute settles between former real estate business partners (access required)

The case involved a dispute between two former close friends and business partners. The plaintiff and defendant traveled together, raised their children together and engaged in numerous business and real estate ventures together, including, in 1992, forming an environmental engineering ...

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Breach of Fiduciary Duty – Constructive Fraud – Civil Practice – Statute of Limitations – Attorneys – Unjust Enrichment (access required)

Capps v. Blondeau. N.C. Bus. Ct. Holding: Plaintiff's allegations of breach of fiduciary duty and constructive fraud so pervade all her claims that all her claims against the defendant-attorney and the defendant-stock broker are governed by the 10-year statute of limitations for constructive fraud.

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Court grants summary judgment to defendants in 70-page opinion (access required)

The plaintiff brought claims against the former officers and directors of Commercial Casualty Insurance Company of North Carolina, contending that their breach of fiduciary duties and unfair and deceptive trade practices resulted in the company’s insolvency and a shortfall to ...

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