Breach of Fiduciary Duty


Plaintiff Pete Zagaroli (“Zagaroli”), the former owner of now-defunct Zagaroli Construction Co. Inc., alleges that he and Defendants James Clayton Neill (“Neill”), Rick Berry (“Berry”), and Neill Grading and Construction Co., Inc. (“Neill Grading”) formed a partnership with the intent of developing three historic mill properties in Catawba County, North Carolina: Hollar Hosiery Mill, Moretz […]

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Nominal Defendant Steel Tube, Inc. (“Steel Tube”) was founded by Plaintiff W. Avalon Potts (“Potts”) and Walter Lazenby (“Lazenby”), who both served as Steel Tube’s officers and directors until Lazenby resigned in early 2015. In January 2015, Defendant Leon L. Rives, II (“Rives”) and Lazenby executed an agreement whereby Lazenby would transfer a 50% interest […]

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After Plaintiff Shelley Bandy (“Bandy”) filed her initial complaint against Defendants A Perfect Fit for You, Inc. (“Perfect Fit”), Margaret Gibson (“M. Gibson”), and Ronald Gibson (“R. Gibson”), the court appointed a receiver to manage Perfect Fit.  On December 8, 2016, the receiver filed a Motion for Clarification, requesting that the Court expand his authority […]

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Using a Rule 12(c) standard and assuming the facts in the Plaintiff’s complaint to be true, the Court construed the facts in Plaintiff’s favor. Zloop was an electronic-waste recycling business incorporated and run by Robert Boston (“Boston”) and Robert LaBarge (“LaBarge”).  Zloop had originally retained McGuire Woods LLP (“McGuireWoods”) as corporate counsel for a securities […]

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