Tag Archives: judicial estoppel

Civil Practice — Judicial Estoppel – Real Property – Quiet Title – Trusts & Estates – Tort/Negligence – Breach of Fiduciary Duty (access required)

Witcher v. Parsons (Lawyers Weekly No. 15-16-0067, 15 pp.) (Lisa Bell, J.) Appealed from Guilford County Superior Court (Vance Bradford Long, J.) N.C. App. Unpub. Holding: The plaintiff-beneficiary’s breach of fiduciary duty action in Forsyth County was based on an ...

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Corporate – Tort/Negligence – Breach of Fiduciary Duty Claim – First Impression – Sole Shareholder – No Duty to Corporation, Officers or Directors – Judicial Estoppel – Prior Bankruptcy (access required)

T-WOL Acquisition Co. v. ECDG South, LLC Since defendant Edmonds was the sole shareholder of the plaintiff-corporation, he owed no fiduciary duty to the corporation or to an individual plaintiff who may have been an officer and director of the corporation.

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Real Property – Statute of Frauds – Judicial Estoppel – Settlement Agreement – First Impression (access required)

Powell v. City of Newton. Even though there is no writing signed by plaintiff that would satisfy the statute of frauds, since plaintiff agreed in open court to settle his lawsuit against the defendant-city by quitclaiming a portion of his property . . .

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