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Category: Choice of Law

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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November 28, 2017
Posted in  Choice of Law

Playing Chicken with Claims for Unfair Trade Practices

The past year has seen several notable decisions concerning how choice-of-law regimes can affect the viability of a claim for violation of N.C. Gen. Stat. § 75-1.1. Today’s post involves another case on this topic. In Koch Foods, Inc. v. Pate Dawson Company, a federal district court assessed a claim […]

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