What's Fair? Blog

A prevailing defendant on a claim for violation of N.C. Gen. Stat. § 75-1.1 can obtain attorney fees, but the bar is high.  The defendant must show that the plaintiff knew or should have known that the action was both frivolous and malicious. What facts can satisfy these standards? The […]

A party who shows a violation of N.C. Gen. Stat. § 75-1.1 can sometimes recover attorney fees under N.C. Gen. Stat. § 75-16.1(1). Section 75-16.1(1), however, imposes two substantive conditions on such a fee award: The party charged with the 75-1.1 violation must have “willfully engaged” in the conduct that constituted […]