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…
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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…
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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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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…
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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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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…
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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…
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Winning a lawsuit is only half the battle—actually collecting what you’re owed can be the harder part, especially when the losing party lives or keeps assets in another state. “Domesticating” a foreign judgment means bringing a judgment from another U.S. state (or sometimes another country) recognized and enforced here in North Carolina. In other words,…
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When legendary actress and director Diane Keaton passed away on October 11, 2025, the world mourned the loss of one of Hollywood’s most distinctive talents. Known for her wit, style, and timeless roles in Annie Hall, Father of the Bride, and The First Wives Club, Keaton was also a devoted animal lover. Her beloved Golden…
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When conflicts arise — whether between business partners, shareholders, or family members — most people imagine the dispute heading straight for the courtroom. But in North Carolina, not every case needs to end in trial. In fact, the vast majority do not, even after a lawsuit is filed. Mediation offers an alternative path to resolution:…
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