NC Fiduciary Litigation Commentary
Real estate deals move fast — and sometimes, the paperwork doesn’t keep up with the handshakes. In Charlotte’s booming commercial real estate market, it’s not uncommon for developers and dealmakers to operate on trust, verbal commitments, and a shared vision before any formal documents are signed. But when the relationship sours and someone claims they…
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On December 12, 2025, the North Carolina Supreme Court issued its decision in Gvest Real Estate, LLC (formerly Gee Real Estate, LLC) v. JS Real Estate Investments, LLC, et al.,affirming the North Carolina Business Court’s summary judgment order in a dispute over the ownership and management of Yards at NoDa, LLC. The case involved plaintiff…
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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…
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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…
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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…
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When business deals break down, parties often attempt to escalate a simple breach of contract into something more dramatic—such as a claim for fraud or negligent misrepresentation. But in North Carolina, the economic loss doctrine (ELD) draws a clear line. This legal principle bars tort claims for purely economic losses that arise out of a…
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ABC Seller agrees to sell 100 widgets to XYZ Buyer for $10 per widget. This agreement creates a contract, which largely governs the rights and obligations of ABC Seller and XYZ Buyer. However, contracts such as this often impact additional entities or individuals beyond the parties themselves. For example, ABC Seller may need to contract…
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Last week, Lord & Lindley discussed the elements of tortious interference with expected inheritance, which can occur when an individual maliciously interferes with the making or revocation of a will to the detriment of the plaintiff. This blog will address a similar but distinct tort: tortious interference with contract. The Elements In North…
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Party A and Party B enter into a contract. Party A will perform a service for pay from Party B. Party A performs the agreed-upon services, but Party B refuses to pay. What happens? As most of us know, Party A can sue Party B for breaching the contract. But what happens if there…
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Recording artist Kanye West and music publisher EMI are currently embroiled in dueling lawsuits with each other regarding an alleged breach of West’s co-publishing contract with EMI. West, who filed a complaint against EMI in court in California, asserts that California law should govern the terms of the contract. He also asserts that the contract…
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