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Category: Choice of Law

October 8, 2019 in 75-1.1 Exemptions by

Roll Tide: Why Alabama’s Interests Caused a Tennessee Court to Dismiss a Claim for Unfair Trade Practices against a North Carolina Defendant

Today’s post concerns another case involving multistate conduct. And, for reasons I’ll explain, it continues Alabama’s recent trend of flexing its muscles in Tennessee. The case, styled McLendon v. North Carolina Mutual Life Insurance Company, involves allegedly unfair insurance practices. The defendant insurer has its headquarters in North Carolina, but […]

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August 27, 2019 in 75-1.1 Exemptions by

When Defending a Claim for Unfair Trade Practices, Procedural Weapons Can Provide the First Line of Defense

If you represent a plaintiff in a claim for unfair trade practices, you want the court to get to the heart of your claim. You’ve got a fact pattern, after all, that shows that someone was mistreated.  The story’s different for defense counsel. You might have a winning argument on the merits—what sounds unfair is […]

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April 10, 2018 in 75-1.1 Exemptions by

A North Carolina Federal Court Weighs in on Choice-of-Law in Unfair and Deceptive Claims

As we have previously explored, North Carolina’s choice-of-law rule for multi-state unfair and deceptive trade practice cases remains unsettled. Some courts have applied a “most significant relationship” test while others have applied a “place of injury” or “lex loci” test to assess which state’s law to apply. The North Carolina […]

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