NC Fiduciary Litigation Commentary

Lord & Lindley - Lawyers in Charlotte NC

Twelve Causes of Action That May Accompany a Breach of Fiduciary Duty Claim

January 10, 2017

       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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North Carolina Court Of Appeals Clarifies Reach Of Clerk Of Court’s Original Jurisdiction

February 3, 2016

          A recent decision by the North Carolina Court of Appeals reinforced the distinction between claims over which the trial divisions have original jurisdiction and claims which are properly brought before the Clerk of Court.[1]             In Morgan-McCoart v. Matchette, an elderly woman, Ms. Simpson, created…

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Deceptive Conduct Likely Needed to Transform a Breach Of Contract Claim to Unfair and Deceptive Trade Practice

December 2, 2015

          While unfair and deceptive trade practice claims are sometimes alleged concurrently with breach of contract claims, a breach of contract alone does not constitute an unfair or deceptive trade practice.  To prevail on both a breach of contract claim and an unfair and deceptive trade practice claim, North Carolina and…

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