Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A., October 6, 2009 (Tennille)(unpublished)

Plaintiff could not make tort claims, including breach of fiduciary duty claims, against a Bank for mismanagement of its investments. "As a general rule, parties to a contract 'owe no special duty to one another beyond the terms of the contract.' This general rule even applies to bank-customer relationships like the one at issue."

Plaintiff also could not pursue an unfair and deceptive practices claim, because the relationship involved the "raising of capital" and was therefore within the securities transaction exception.

Full Opinion

Brief in Support of Motion to Dismiss

Brief In Opposition to Motion to Dismiss

Reply Brief in Support of Motion to Dismiss

Trackbacks (0) Links to blogs that reference this article Trackback URL
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.

Remember personal info?