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Tag Archives: fiduciary duty

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 – Labor & Employment – Breach of Fiduciary Duty – Tortious Interference with Contract – Unfair Trade Practices – Factory Contractor (access required)

Austin Maintenance & Construction, Inc. v. Crowder Construction Co. In a company with 7,000 employees and an annual income between $300 million and $500 million, the foreman of a four-person crew working on a $2 million-per-year contract did not exercise control over the company’s operations and did not owe a fiduciary duty to the company. We affirm summary judgment for defendants.

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Tort/Negligence – Fiduciary Duty — Fraud – Economic Loss Rule — Real Property – Landlord/Tenant – Commercial Lease – Corporate – Medical Office Development (access required)

Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC When the plaintiff-doctors were looking for new office space, the defendant-developer allegedly assured them that the parties had a relationship of trust and confidence and that the developer had the doctors’ best interests at heart. This was not sufficient to create a fiduciary relationship between the parties.

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