Several causes of action may be pled in conjunction with a claim for breach of fiduciary duty, depending on the facts and circumstances surrounding the case. Attorneys should consider the following claims when filing a breach of fiduciary duty cause of action and determine which, if any, also apply to their clients: 1. Constructive Fraud Constructive Fraud occurs when a person or entity gains an unfair advantage over another through unjust means, usually by lying or omitting important details. Constructive fraud differs from actual fraud because the elements of constructive fraud do require intent, or actual…
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Death by Alcohol – Who is [More] at Fault?
Last week the North Carolina Court of Appeals reversed the lower court’s decision allowing a case involving alcohol poisoning against a hotel and its staff to go forward.[1] Lisa Davis and her husband Thomas were celebrating their wedding anniversary at the Crown Plaza Resort in October of 2012. They had dinner at Mulligans, the hotel’s restaurant, and spent four and a half hours there. Between the two of them, they consumed twenty-four drinks – drinks the restaurant’s employees served them. Not surprisingly, Lisa was extremely intoxicated. She was unable to walk and unable to stand up after falling, so the hotel employees put her in…
