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Category: Choice of Law

September 22, 2020 Preetha Suresh Rini
Posted in  Choice of Law Misrepresentations Other 75-1.1 Issues

Paper Airplanes and Passing Notes: Sending a Complaint to Industry Contacts Lands a Section 75-1.1 Claim

In this week’s post, we’re taking a trip across the country to see how a federal court in Utah applied section 75-1.1. We’ve previously written about how courts outside of North Carolina interpret section 75-1.1, like this one in California, or this one in Massachusetts. Last month, the U.S. District […]

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October 8, 2019 James M. Weiss
Posted in  Choice of Law

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
Posted in  Choice of Law

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
Posted in  Choice of Law

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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