Breach of fiduciary duty and constructive fraud are probably the most conflated causes of action in fiduciary litigation. If you can’t readily discern between them, you’re in good company—many practitioners allege them in tandem as a single claim for relief, and a number of opinions from our appellate courts treat them likewise. Breach of fiduciary duty and constructive fraud are nonetheless distinguishable in two important ways. To prevail on a claim for breach of fiduciary duty, the plaintiff must prove: (1) the existence of a fiduciary relationship, (2) a breach of the duty owed, and (3) damages proximately caused by the breach. See Green v. Freeman, 367 N.C. 136,…
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Team Lindley Law Raises Over $30,000 for the Cystic Fibrosis Foundation
On April 18, 2015, Team Lindley Law hiked 30.1 miles of the Appalachian Trail along the North Carolina and Tennessee border to raise funds and awareness in the Cystic Fibrosis Foundation’s mission to find a cure. Cystic fibrosis is a genetic disease affecting the digestive and respiratory systems. Though medical advancements have been made, the cure for cystic fibrosis has yet to be discovered. Comprised of Trey Lindley, Rusty Gibbs, Al Murray, Ben Johnson, Jason Lindley, Greg Williams, Walker Miller (who agreed to carry bricks for donations of $250 and up), John Schmidt, and Skye McMahan, Team Lindley Law’s goal was to raise at least $30,000, or $1 for each…
