NC Fiduciary Litigation Commentary
When most people think about court proceedings, they picture judges in a courtroom presiding over trials and hearings. In North Carolina, however, some of the most important legal decisions begin not with a judge—but with the Clerk of Superior Court. Under North Carolina law, clerks have original jurisdiction over specific types of matters, meaning those…
A recent federal indictment in Detroit drew national attention to the risks vulnerable and incapacitated individuals can face when the systems designed to protect them are abused. Federal prosecutors allege that a Detroit district judge and three associates participated in a years-long scheme to embezzle funds from their court-appointed wards—individuals legally determined to lack the…
On November 25, 2025, the North Carolina Business Court issued an important opinion in Estevez v. C&S Commerce, LLC, reaffirming a principle that continues to shape limited liability company (“LLC”) disputes across the state: fiduciary duty waivers in LLC operating agreements are enforceable. The case serves as a pointed reminder that, in North Carolina, LLCs…
Key Themes & Takeaways from This Year’s Rulings Fiduciary duty disputes continued to dominate the North Carolina Business Court docket in 2025, and this year’s decisions sent a clear message: fiduciary duties arise in narrow, well-defined circumstances — not merely because parties share an LLC, partnership, or contractual relationship. In case after case, the Court…
The tragic case unfolding in Clovis, New Mexico — where 19-year-old Darren Munoz is accused of hiring a friend to murder his father and stepmother so he could allegedly secure an inheritance — highlights how dangerous financial misconceptions and family conflict can become. Investigators say Munoz believed his father owned a convenience-store franchise and that…
Disputes among LLC members often feel personal—especially when management power shifts, ownership interests are questioned, or a minority member is pushed aside. But a recent North Carolina Supreme Court decision underscores a critical reality: in LLCs, contract almost always comes first. In Gvest Real Estate, LLC v. JS Real Estate Investments, LLC, the Court reaffirmed…
Breach of contract disputes don’t just happen in boardrooms or between business partners—they can arise anywhere two parties make legally binding promises. A newly filed lawsuit involving Tyra Banks and her ice cream venture, Smize & Dream, is a timely example. According to recent reports, Banks is facing a $2.8 million breach of contract claim…
High-profile estate disputes often expose how legally and emotionally complex things become when someone passes away without a will. The unfolding litigation surrounding the estate of Virginia Giuffre—best known as the most prominent accuser of Jeffrey Epstein—illustrates this all too well. After her death at age 41, Giuffre left behind significant wealth from her settlements…
Unexpected inheritances often reveal more than just what appears in a will—they expose family dynamics, long-standing fractures, and the profound impact of companionship. A recent story shared on Reddit illustrates just how complicated these matters can become. According to the poster, they developed a close friendship with their elderly neighbor after moving to a new…
A promissory note is a legally binding document that records one party’s promise to pay another party a specific amount of money, either on demand or at a set date in the future. At its core, it’s a written promise to repay a loan — but unlike a casual IOU, a promissory note carries enforceable…