North Carolina Business Litigation Report

Staton v. Brame, 2001 NCBC 5 (N.C. Super. Ct. May 31, 2001)(Tennille)

A myriad of claims were at issue in this case, which involved claims of misuse of funds in trust. Some of plaintiff's claims were barred by a settlement agreement it had entered into with other entities. Others were dismissed because the court determined that a trustee had repudiated his fiduciary relationship, and could not be held liable for breach of fiduciary duty. Also considered were claims for fraud, tortious interference with contract, negligent misrepresentation. constructive fraud, the statute of limitations, and breach of contract.

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Mack Sperling
Brooks Pierce, LLP
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