The North Carolina Court of Appeals ruled today on cases involving the statute of repose applicable to legal malpractice actions, fiduciary duties of trustees, and the waiver of the right to arbitration.

On the fiduciary duty issue, the Court affirmed the decision of the Business Court in Heinitsh v. Wachovia Bank on an obscure point of

It was a busy opinion day today in the North Carolina Court of Appeals: there were 44 published opinions, three of which I’m commenting about briefly below.  The three involve a range of issues, including arbitrator immunity, Rule 11 sanctions, and an technical point about subpoenas in state tax refund litigation and also work product privilege.


An Arbitration Award was entitled to collateral estoppel effect, even though the Defendants had not been parties to the arbitration.  

The Court compared the claims made in the Arbitration to the claims made in the Amended Complaint, and found them to be identical.  It further determined that the Plaintiff had "a full and fair opporutnity to litigate

The Court considered in this case the scope of an arbitrator’s authority with regard to disputes involving a North Carolina LLC. It first determined that the interpretation of the arbitration clause before it was subject to the Federal Arbitration Act, because the contract was a "transaction involving commerce."

It held that whether a dispute is