Blog Post
1) You may be entitled to money held by the state. Have you ever received a letter from a law firm or private investigator informing you of unclaimed property or cash and offering help? Last year, I got such a letter from Californian private investigator. Sensing a scam and having never heard of such…
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“Eliminate Access to Civil Justice Funds” – that is the ominous title of a provision in the North Carolina’s House of Representatives Appropriations Committee’s proposed 2017 Budget. Not cut, eliminate. If passed, this provision would be devastating to legal services available to low-income North Carolinians who cannot otherwise hire an attorney, but are in desperate…
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While it is legally permissible to represent yourself in Business Court, it probably is not a good idea as one plaintiff learned the hard way. In a recent decision from the North Carolina Business Court, a plaintiff, James Gillespie, attempted to be a pro se litigant and wound up with his case dismissed and responsible…
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Social media can have a profound impact on a lawsuit and can even make or break one’s case. Take, for example, a person who is claiming they are unable to work due to a workplace injury, but a quick perusal of their social media accounts reveals their ability to waterski simultaneous to the claim. An…
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The North Carolina Business Court’s new Rules went into effect January 1, 2017 and apply to every civil action designated as a mandatory complex business case or assigned to a Business Court judge, regardless of whether it was filed prior to the Rules’ effective date. They are meant to supplement, rather than supplant, the Rules…
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The North Carolina Business Court’s new Rules went into effect January 1, 2017 and apply to every civil action designated as a mandatory complex business case or assigned to a Business Court judge, regardless of whether it was filed prior to the Rules’ effective date. They are meant to supplement, rather than supplant, the Rules…
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The North Carolina Business Court’s new Rules went into effect January 1, 2017 and apply to every civil action that is designated as a mandatory complex business case or assigned to a Business Court judge, regardless of whether it was filed prior to the Rules effective date. They are meant…
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Several causes of action may be pled in conjunction with a claim for breach of fiduciary duty, depending on the facts and circumstances surrounding the case. Attorneys should consider the following claims when filing a breach of fiduciary duty cause of action and determine which, if any, also apply to their clients:…
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Breach of Fiduciary Duty: A fiduciary is an individual or corporation to whom property or power is entrusted for the benefit of another. Fiduciaries must prudently care for any such assets, and may also have a number of additional duties, depending on the nature of their fiduciary relationship. …
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As we’ve mentioned in part 1 of this series, trustees are fiduciaries and, as such, trustees owe a variety of fiduciary duties to multiple parties. These obligations include both the duty of loyalty and duty of impartiality, which we will discuss this week. To prove a trustee breached of one…
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