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 […]
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 […]
N.C. Gen. Stat. § 75-1.1 regulates conduct “in or affecting commerce.” The statute doesn’t expressly differentiate based on type of commerce—intrastate versus interstate. When conduct involves parties both inside and outside North Carolina, however, the reach of section 75-1.1 can come into question. Only a few months ago, we reviewed a […]
Last week, the U.S. District Court for the Middle District of North Carolina issued a meaty decision about N.C. Gen. Stat. § 75-1.1. The decision, in a case called SmithKline Beecham Corp. d/b/a GlaxoSmithKline v. Abbott Laboratories, merits a close read by all North Carolina business litigators. In the decision, Judge […]