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Category: 75-1.1 Exemptions

March 13, 2018 Jeremy Falcone
Posted in  75-1.1 Exemptions

North Carolina Court of Appeals Allows Section 75-1.1 Claim in the Context of a Residential Real Estate Transaction

We have examined cases that explore exemptions to liability under N.C. Gen. Stat. § 75-1.1.  The section 75-1.1 carve-outs include exemptions for securities transactions, internal business disputes, and employment matters.  Courts have also generally excluded residential real estate sales from the statute. A recent decision from the North Carolina Court […]

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February 27, 2018
Posted in  75-1.1 Exemptions

North Carolina Court of Appeals extends Section 75-1.1’s Securities Exemption beyond Securities

We have recently examined several cases that explore the contours of two related exemptions to liability under N.C. Gen. Stat. § 75-1.1—the internal business disputes doctrine and the securities exemption. Courts generally exempt both the internal business affairs of a company and their securities transactions from 75-1.1 liability. The underlying […]

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December 12, 2017
Posted in  75-1.1 Exemptions

When Does a Business Dispute That Involves a Third Party Remain “Internal” for Purposes of an Unfair and Deceptive Trade Practice Claim?

The North Carolina Business Court has issued several opinions this year that examine the contours of the “internal business affairs” doctrine. As we have explained in prior posts, North Carolina courts have recognized that internal business disputes are exempt from N.C. Gen. Stat. § 75-1.1 because they are not “in […]

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November 14, 2017
Posted in  75-1.1 Exemptions

Internal Business Disputes, Third Parties, and Section 75-1.1

The reach of N.C. Gen. Stat § 75-1.1 extends to conduct “in or affecting commerce.” Although this phrasing seems broad, courts interpreted it to exempt several types of conduct from the statute’s purview.  One recognized exemption is for internal business disputes: that is, conduct among members of the same business. A recent decision by the […]

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