NC Fiduciary Litigation Commentary
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…
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…
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,…
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…
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:…
Losing a case can feel final, but in North Carolina you often have the right to appeal. An appeal is not a new trial with new witnesses or evidence. Instead, it’s a review by a higher court to see if the trial judge made a legal error that changed the outcome. The appellate court’s job…
Securing a judgment in court is only half the battle—collecting on it is where the real work begins. A judgment is a legal determination that money is owed, but courts don’t automatically ensure payment. Instead, judgment creditors must use specific legal tools to enforce the judgment and recover what they are owed. In North Carolina,…
In most states, marital infidelity is seen as a private matter with no legal remedy. North Carolina, however, is one of the few jurisdictions that still recognizes two unique causes of action: alienation of affection and criminal conversation. These claims, sometimes dubbed “heart balm torts,” allow a spouse to sue a third party — often…
When family members or business partners own property together, disagreements often arise about how that property should be managed—or whether it should be sold. In North Carolina, when co-owners can’t agree, the law provides a solution through what’s called a partition proceeding. Partition actions allow a co-owner to ask the court to divide the property…