Gottfried v. Covington (Lawyers Weekly No. 14-15-0646, 12 pp.) (Calvin Murphy, J.) 2014 NCBC 26 Holding: The facts alleged in the complaint simply describe two parties bound to each other under the terms of a contract negotiated at arm’s length, ...

Tagged with: Fiduciary Relationship

In re Estate of Raney A brother presented enough evidence to go to the jury on the question of whether his sister unduly influenced their mother - while the mother was under a doctor’s care and was living in the sister’s house — to change her will in favor of the sister. We affirm the trial court’s denial of the sister’s motions for a directed verdict, for judgment notwithstanding the verdict, and for a new trial.

Tagged with: Fiduciary Relationship trusts & estates undue influence Wills

Bogovich v. Embassy Club of Sedgefield. (Lawyers Weekly No. 11-07-0393, 39 pp.) (Sam Ervin IV, J.) Appealed from Guilford County Superior Court. (Steve A. Balog, J.) N.C. App. Click here for the full text of the opinion. Holding: A sister ...

Tagged with: Fiduciary Relationship Fraud Guilford County Tort/Negligence

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

Tagged with: Breach of Contract Breach of Warranty Catawba County Constructive Trust Fiduciary Relationship Fraud Real Property summary judgment Unfair and Deceptive Trade Practices