NC Fiduciary Litigation Commentary
A will is one of the most important legal documents a person can create, yet it is often one of the most overlooked. Many people assume they do not need one because they are young, do not have significant assets, or believe their family will “figure it out.” Unfortunately, that assumption can create unnecessary legal…
NC Business Court Limits Chapter 75 in Operating Agreement Case In Castillo v. RRD Financial LLC, 2025 NCBC 53, the North Carolina Business Court addressed an issue that comes up frequently in business breakups: when does an internal operating agreement dispute rise to the level of an unfair or deceptive trade practice under Chapter 75?…
In Port Trinitie Homeowners Association Inc. v. Port Trinitie Association Inc., 2025 NCBC 43, the North Carolina Business Court addressed a dispute involving: alleged breaches of condominium governing documents, statutory violations, breach of fiduciary duty, and ultra vires acts. The plaintiffs also sought a preliminary injunction. This case provides a useful reminder that while courts…
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…
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…
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…
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…