In North Carolina, what is a fiduciary duty claim?

stephen m corby

The term fiduciary refers to a relationship in which one person has a responsibility of care for the assets or rights of another person. A fiduciary is an individual who has this responsibility. The term “fiduciary” is derived from the Latin term for “faith” or “trust.”   A fiduciary duty claim arises when it becomes evident that a party may have violated this trust in some way.

Fiduciary responsibilities are an important aspect of many different business operations.  Partners, corporate directors and officers, majority shareholders, trustees, pension fund advisers and directors and attorneys are a few examples of business professionals who may sometimes operate in a fiduciary capacity and, as a result, face specific added risk in discharging their resulting heightened responsibilities.  The Corby Law business litigation team are experienced in building strategies for individuals charged with violation of appropriately carrying out their assigned fiduciary duties.  Business litigation cases involving elements of fraud require the expertise of an experienced corporate law firm.

Elements of a Fraud Claim

1. Existence of a relationship of trust and confidence.

2. Proof of a benefit to the defendant

3. Determining if it’s an actual fraud claim or a constructive fraud claim.  (Note:  Constructive fraud is based on a confidential relationship rather than specific misrepresentation.  Unlike actual fraud, the intent to deceive is not an element of constructive fraud. Actual fraud is specific misrepresentation with the intent to deceive.)

4. There is a difference between a constructive fraud claim and a breach of fiduciary duty claim.  The necessary allegation for a claim of breach of fiduciary duty requires proof of the existence of an established fiduciary relationship.  The requirement that an individual sought to benefit wrongfully from the transaction is not an element of a claim for breach of fiduciary duty and that is the primary difference between pleading a claim for constructive fraud, and one for breach of fiduciary duty.


The following is a North Carolina case that illustrates the importance of filing the correct charges.

Allran v. Branch Banking & Trust Corp. (Lawyers Weekly No. 11-15-0698, 14 pp.) (Calvin E. Murphy, J.) N.C. Bus. Ct. Holding: The plaintiff-borrower alleges that the defendant-bank (1) failed to reveal that the land the borrower was buying was not worth the purchase price and (2) falsified closing documents; these allegations are not sufficient to show any fiduciary duty or fraud, but they are sufficient to state a claim of unfair and deceptive trade practices. The bank’s motion to dismiss is granted as to plaintiff’s claims of breach of fiduciary duty, constructive fraud, fraud, and fraud in the inducement. The motion to dismiss is denied as to plaintiff’s unfair trade practices claim.

As you can see, filing and prosecuting a breach of fiduciary duty claim is no simple task.  If you find yourself threatened with a fiduciary duty claim,  then call The Law Office of Stephen M. Corby for a private consultation with one of our experienced corporate lawyers.

Laminate versus Hardwood Flooring

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When deciding what type of flooring to get, there are various factors to consider. For every household it is different because of what is in your house. Do you have pets? Do you have children? These are things that you have to consider before making such a large investment. Here are some of the various pros and cons of having hardwood and laminated floors.

The reality of flooring costs and what you can afford may be quite farther apart. Take into consideration the cost of laminate and hardwood flooring to determine what is best for you. Laminate wood flooring is made from composite wood pressed together at high temperatures. The photograph, or image of hardwood is then covered over the composite wood to form the laminate. It is because of this that laminate is much cheaper. This wood installation cost is on average fifty percent less costly than hardwood.

Hardwood flooring is made from harvested trees and depending on how exotic the trees are will give you a good picture as to how expensive they will be. But while the price is higher, there are some noticeable benefits that hardwood floors add to your home. Hardwood is an absolutely gorgeous flooring option and looks considerably better than laminate. While Laminate is a bit more durable and not as visually appealing, it gets the job done and is definitely an option if you are looking to buy flooring on a tight budget.

The next aspect to consider is repairing. This is one component of your home that is inevitably going to have to be repaired at least once. Laminate and hardwood have separate pros and cons. The thing about laminate is that it doesn’t repair very easily. If you buy flooring that comes in individual pieces and snapped together, you may be able to replace it. And depending on sunlight and age, the new piece may not match correctly with the rest of your flooring.

On the other hand, hardwood floors can be replaced fairly easily by simply sanding and refinishing out imperfections. The thing about hardwood is that while it is more expensive, it lasts longer than laminate so you yield longer benefits over a longer period of time.

If you still have questions on what type of flooring to pick, call Grigsby’s Carpet, Tile, and Rug Gallery today at 918-627-6996.

Shower Pan Leaks

Shower pans are a thin layer of plastic at the bottom of your shower and several inches up the sides underneath a layer of mortar, called the mortar bed, and then your tile and grout. They are sloped downward toward the center drain of your shower and connect to your shower’s drain system. This helps move any leaks from the tile still drain and not affect the subfloor above your house’s foundation. Shower pans are required to protect your subfloor from leaks, water damage, and eventual rotting. Subfloors are normally made of wood, but even tile and stone subfloors aren’t immune to leaks.

Your shower pan liner is the waterproofing layer. If this leaks, you have a big problem on your hands and have lost a ton of money out of your wallet. Your shower pan is constantly exposed to water and moisture that can make them weak. This can cause extensive damage to not only your shower, but nearby cabinets, your bathroom floor, your shower doorframe, your bathroom walls, and any room that is connected to your bathroom, like closets. Needing to replace any combination of these items can cost you an excessive amount of money.

Detection is key to stop water damage from spreading. Your shower tiles and grout absorb water and can leak. If you have any loose, cracked, or unsealed tiles or your grout is peeling or missing, especially in your shower floor, you may have a leak. This leak can trickle down into the mortar bed, which is a layer of cement like material that supports your shower tile. If the leak gets through the mortar bed and then the liner, your shower pan can leak. This is what causes all of the damage. To properly and reliably repair your shower, the bottom of your shower and at least a couple of inches up the sides, plus anywhere else there might be water damage needs to be demolished.

Sometimes the leak isn’t noticeable in your shower, but you notice that the floor or walls outside of your shower or on the other side of the wall by your shower are wet, you have a shower pan or drain system leak. Drain systems are checked first, since they are easier to detect. If your leak isn’t in the drain system, you have a leak in your shower pan or liner.

Unfortunately construction errors are becoming more common for leaks, like nail holes in the pan liner when installed previously. If you have a leak and are unsure about how to proceed with the next steps in detection and repair, you need someone you can trust to give you a reliable course of action. You need Plano Plumbing & Leak Detection! Call them at 972-672-8616 for 24-hour service.

Choosing the Right Security Camera For Your Home

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In this day and age, security cameras are becoming a more common household appliance. The affordability and effectiveness of security cameras make them very appealing to homeowners. The only problem may be selecting which camera to purchase. Here is a quick guide to finding the right security camera for you.

The first type of camera is called the Bullet. This is a CCTV camera that is placed on either a ceiling or a wall, and is usually used for indoors, but can also be placed outdoors if needed. The Bullet gets its name from its sleek, cylindrical shape. Many of these cameras are waterproof which is incredibly convenient if you do choose to use this camera outside. The bullet captures images usually from a fixed area, and is mounted pointing at said area.

Next up is the Dome. These cameras get their name from the dome shaped stands that they are mounted upon. This type of camera is typically designed for retail, as it is unobtrusive, but distinctly visible. These cameras serve a dual purpose, as they let potential criminals know that they are being monitored and it also lets normal citizens know that the facility is properly protected.

The trickiest cameras to point out are the discreet ones. They are usually mistaken for appliances such as clocks, or even smoke detectors. These can be used in a variety of places based on the motives of the purchaser.

Some of the coolest cameras are the infrared and Night vision cameras. These can view images in pitch black using IR LEDs. These are typically used for outside schools and businesses and also some mobile applications.

There are outdoor, day, and night cameras as well. The outdoor camera is structurally sound and can withstand bad weather, and day or night cameras are typically used in places such as parking lots. These usually have a wide dynamic range to function in things such as glare, sunlight, and reflections.

Varifocal cameras have a particular lenses that allow the person operating the camera to zoom in and out while still maintaining a certain focus on the image. These are typically more expensive but are very useful in certain situations such as crime solving.

Network and Internet Cameras transfer images over the Internet, and usually compress bandwidth. These are usually easier to install than normal analog cameras because they do not need a cable run or even a power boost to send images over a long distance.

If you are still having a problem deciding what kind of camera to install, call First Class Security. With experts always on call, they will have a definitive answer for you. Call today at 615-656-3300

Getting fast cash loans in the UK

Getting fast cash loans in the UK

Payday loans are usually called payroll advances or check advances. We need payday loans fast and they are the usually the last resort of those needing money as soon as possible but they cannot request for regular loans due to a bad credit score or maybe they just do not have the documentation needed nor the time to process regular personal loans through banks.

If you want to know where you can get payday loans fast, you have several avenues you can avail of, ranging from actual payday loans centers to their online counterparts.

Lots of websites for cash loans

Type “payday loan” in Google, Live or Yahoo and you will be surprised, as the results would yield to more than a dozen of sites offering payday loans fast, take for example. You get to be picky since the market is so big. If you are planning to avail a payday loan online, then make sure you read up on that specific online company before anything else as the internet is a venue of many a scams and fraudulent activities.

Not that all of these sites are scams but just a friendly reminder on availing online payday loan companies, check the company’s background and if there is a slight hint of any fishy activity, like a money out before you can avail of the loan or they are requesting pertinent information like bank PIN’s, then you might want to skip that company and move on to another online payday loan financer.

Or you could always visit a shop

If you want to avail of payday loans fast, then you may also check out payday loans centers in your locale. You can either see these payday loan centers in pawnshops, check cashing shops or in buy and sell shops. All you would need to present in such centers will be proof that you have a regular check every two weeks, your bank statement and a proof of ID, then voila, you get yourself the needed payday loans fast.

Give them a call

You just dial their 1 – 800 number and voila! Payday loans fast! Instant access to money you may need for such harrowing times. You can check a number of these payday centers through the yellow pages. All you would need is a fax to send in the needed documentation, usually the same paperwork needed in the regular centers like proof of pay every 2 weeks, ID and your bank statement. Again, if they request any fee before processing, say no then move on to the next number on the list. You know you need payday loans fast but you also have to be smart about it.

There are a number of articles and organizations voicing out their concerns against this type of loan. They say that once you fall into this trap of availing a payday loan, you will never ever recover and you are in for a downward slide to the slippery slope of having tons of debt and no chance of moving out

However, whether or not they would like to face it, desperate times call for desperate measures. And only this can sometimes save most of us from damaging our reputations, paying hefty late fines or keeping our pride in tact.

Best All In One Protein: Adding Protein Into Your Workout

Best All In One Protein: Adding Protein Into Your Workout
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The human body needs all kinds of different things added in order for it to work at peak performance. One of the most essential nutrients that is craves is protein, especially if you regularly hit the gym or are an athlete of some kind. The protein you take in essentially serves as the fuel that will get your through your exercise. One of the most effective ways to get all that you need is through a protein shake, which usually comes in a couple of different ways. The best all in one protein shake for you will likely depend on your fitness regimen.

If you have a busy schedule and need to get your protein fix on the go, a premixed shake is likely the best option. For example, if you are heading to the gym on your lunch break or right after work, you likely just won’t have the time to go home and create your own shakes. The premixed option gives you all the protein that you need and is already mixed with a variety of different flavors to give you a nice taste sensation.

For those that have a little bit of time on their hands, and who like to make their own, protein powder shakes might be the best choice. The powder can be mixed with juice, milk, or water if you are in a rush. If you are looking for the best all in one protein shake from a powder, you can also take it to the blender and add in fruit or ice cream to get the same sort of flavors that you would with a premixed protein shake.

If you are wondering why protein shakes are used at all, let us take a moment to explain their different uses. Body builders will use them for recovery after a particularly strenuous workout, whereas people looking to lose weight will often turn to protein shakes as a meal replacement. It is not uncommon for athletes with high metabolisms to use protein shakes to help them get their weight up by adding them to their regular diet.

Athletes in particular will often add the best all in one protein shake into their daily diet, as they help improve performance, and more importantly, allow athletes to recover from exercise that much more quickly. This can be crucial to someone that is training two or three times per day and who needs that little boost between workouts. There are some things to look for when choosing a protein shake, besides the flavor. Ideally, a good protein shake will contain anywhere between 14 and 25 grams of fat and be between 150 and 250 calories. Sugar content is important, too, as there should be less than 15 grams of sugar, not to mention less than 5 grams of fat.

As you can see, there are plenty of things to think about when choosing the best all in one protein shake, so be sure to choose wisely.

Call Plano Plumbing and Leak Detection, have been in service to the Plano area

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There are a few things I know when it comes to the kitchen, like don’t put metal in the microwave, always cut on a cutting board, and always clean up immediately. When I moved to my apartment in college, I followed these rules to the point. Unfortunately, there was one aspect of the kitchen I was not used to, the garbage disposal. We had one at home, but the noise really scared me so I never used it. Here are some of the things I’ve learned NEVER to put in the garbage disposal.

Bones, Fruit pits, or really hard items should not go in your garbage disposal. Though some garbage disposals may be able to handle small bones, it will be pushing the limit of your disposal. A rule of thumb is to make sure nothing hard or tough goes in the garbage disposal.

Grease and oil do not mix with water, *7th grade science class flashback here*.Though grease may be liquid when it’s hot, it will harden when it cools. It will not only clog your drain, but gum up your disposal. Oil and grease does not break down and will build up in your sewer system.

Rice and pasta mashes up and becomes a thick paste when you dump it down the garbage disposal. It can really mess up your disposal that if there’s enough in there it will stop turning. It will also soak up water and expand if it is left in the disposal making the problem worse.

Hard fruits and Vegetables peels and strings shouldn’t go in the disposal. It is fine to do some potato or carrot peels, but if you do too many it will clog up your disposal. Along with fruit and vegetable peels, stringy vegetables shouldn’t go in there as well. With stringy vegetables like celery or asparagus, it can wrap around the parts in the disposal and slow them down.

To save yourself from the trouble of ending up with a broken garbage disposal or worse clogged pipes, it may be beneficial to use the drain sieve. If you have any drains or pipe problem, do not wait to call a plumber. Call Plano Plumbing and Leak Detection , they have been in service to the Plano area for over 60 years and have the experience and licensed technicians needed for your plumbing needs. Call 972-313-4659 today for your local Plano plumber.

The Highest Class F1 Paddock Club Abu Dhabi

, Formula One racing is all about being the best of the best. It is the ultimate representation of skill, speed and engineering. Just as the F1 racers are the highest-class cars in the world, the Abu Dhabi F1 Paddock Club is the highest-class choice for the discerning guest to experience the event.

The Paddock Club in Abu Dhabi is situated in the upper level of the pit building, affording guests an unparalleled view of the race and the opportunity to experience the spectacle first hand.

The one of a kind venue offers VIP pass holders an unprecedented level of access to the event, including behind the scenes access to the circuit, air-conditioned lounges with spectacular panoramic views of the track and dedicated televisions so you won’t miss a moment of the action.

You will be catered for in a luxurious environment that includes an open bar serving MUMM champagne, a sumptuous gourmet luncheon prepared by Master Chefs, tea service including quality croissants, pastries and coffee and a VIP parking pass.

Amenities include complimentary ear protectors, an Official Programme for the event, driver interviews and appearances by A-list celebrities. The private suites provide entertainment and access to the roof terrace, where you are free to enjoy the company of other VIP guests in a fantastic, first-class environment.

Come to the F1 Paddock Club Abu Dhabi, where the experience is crafted all around you. All the drama and excitement of Formula One combined with the luxury of five star accommodations.

The F1 Paddock Club is the perfect way to treat yourself and your guests, or to impress clients and VIPs. Whether you are interested in business or pleasure, there is no experience like it in Abu Dhabi or anywhere else in the world.

If you want to experience the best of the best, take a moment to consider the hospitality of the F1 Paddock Club in Abu Dhabi. The only way to get closer to the energy and action of the circuit is to be strapped into a Racer. Accept no substitutes, call for your VIP pass today.

Free government credit report and score

Free government credit report and score

The first thing most individuals do to check their credit is to obtain their free government credit report. This is ok, but it’s not the only thing they need to do. Mistakes in your credit report can have detrimental effect on your credit score as well. So you want to obtain your scores as well. Your free annual credit report will help you see the errors, but your score is not included for free. You will need to purchase them. But there are free ways to get them.

It’s wise to obtain your credit score. Banks and lenders will check your credit score to determine if you are creditworthy. They can use this information to to decide whether to extend you credit or approve your loan request, see whether you qualify for a mortgage loan, and determine your insurance premiums. Your credit score is generated by a formula that utilizes the data contained in your credit report. It is a three digit number that represents your credit rating, ranging between 350 and 900. The higher the number, the better. You will see differences in the credit score number between the 3 major credit agencies. This is because the agencies do not always receive the same credit information about you. For instance, one of your lenders or creditors might only report your credit history to one agency – either Equifax, Experian or TransUnion.

This could also mean that a potential lender might only utilize one of the credit agencies to obtain your credit report and score in order to determine whether you’re be approved for your loan request. Then again, a potential lender might choose to obtain your credit report and score from all three credit bureaus. This is why it’s usually a prudent idea to obtain a 3 in 1 credit report which has your credit history from all 3 major credit bureaus. It’s also very common that these services will include your free credit score with the 3 in 1 report.

So where can you get a free credit score? You can ofcouse find such offers at our homepage here. You usually need to order a credit score for a small fee from the credit bureaus. Lenders, employers and insurance agents each have their own preference as to which of the three credit bureaus they use for information, so it makes sense to obtain your credit scores from all 3 bureaus. But the free annual credit report does NOT include a credit score. However, there are ways to obtain a free credit score. Most of the credit monitoring services offer a free trial membership and they provide a free credit score. You just need to cancel the membership before the trial period, otherwise you’ll get charged. Source: