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Category: 75-1.1 Exemptions

November 14, 2017 Jeremy Falcone
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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April 11, 2017 Jeremy Falcone
Posted in  75-1.1 Exemptions

Further Closing the Narrow Opening for Section 75-1.1 in the Employer-Employee Context

A recent opinion from the North Carolina Business Court illustrates courts’ continued reluctance to allow section 75-1.1 claims in the context of an employer-employee relationship. Judge James L. Gale recently dismissed a N.C. Gen. Stat. § 75-1.1 claim that arose from an employment relationship that had evolved into a business […]

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November 8, 2016 Jeremy Falcone
Posted in  75-1.1 Exemptions

Preemption by Any Other Name Would Smell as Sweet: The Exemption for “Pervasive and Intricate Regulation” by Another Field of Law

Courts often opine on the relationship between N.C. Gen. Stat. § 75-1.1 and other bodies of law. In a recent case, a federal court announced a rare holding of that type: a holding that another body of law regulates an area so pervasively that applying section 75-1.1 is impossible. A […]

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