Our federal courts do not designate certain orders as being “orders of significance” the way the Business Court does, but if they did, a recent decision from Judge William L. Osteen, Jr. in the Middle District of North Carolina might qualify. This short blog post reviews such an order remanding […]
Category: Attorney Fees
Putting the “Fare” in Unfair and Deceptive Trade Practices; How a Forcible Self-Help Eviction Could Lead to Treble Damages and Attorneys’ Fees.
If you scan the categories of posts on this blog, then you probably know that N.C. Gen. Stat. § 75-1.1 covers a broad range of behaviors. One uncommon action that can fall within the auspice of section 75-1.1 is a forcible self-help eviction, an important point to be aware of during […]
The Rocket’s Red Glare or How to Keep an Unfair and Deceptive Trade Practices Claim out of Federal Court
We wrote last summer about a decision applying the trebling feature in N.C. Gen. Stat. § 75-16 to satisfy the minimum amount in controversy required to remove a case to federal court based on diversity jurisdiction. In that case, the court found that a removing defendant did satisfy the threshold […]
It has been some time since we have written about the attorneys’ fee provision in N.C. Gen. Stat. § 75-16.1(1). Back in 2015, we wrote about that section’s requirement for a fee award of “an unwarranted refusal” by the party charged with the violation “to fully resolve the matter.” Attorney […]