Can a contractual choice of law disable N.C. Gen. Stat. § 75-1.1? Yes, according to a recent decision from a federal court in New York. In Canon U.S.A., Inc. v. Cavin’s Business Solutions, Inc., a business filed a 75-1.1 claim against a North Carolina defendant. The claim centered on a […]
In yesterday’s post, we discussed the current standards that decide when section 75-1.1 applies to acts outside North Carolina. Those standards raise this question: Do overcharges on goods bought by North Carolina consumers qualify as a substantial in-state effect? Two recent decisions (both from the U.S. District Court for the […]
Imagine that an out-of-state company causes an injury to someone in North Carolina, but does so only through acts outside North Carolina. Can the plaintiff use N.C. Gen. Stat. § 75-1.1 to seek treble damages and attorney fees? Two judges on the same federal court have recently given opposite answers […]