We wrote last summer about a decision applying the trebling feature in N.C. Gen. Stat. § 75-16 to satisfy the minimum amount in controversy required to remove a case to federal court based on diversity jurisdiction. In that case, the court found that a removing defendant did satisfy the threshold […]
North Carolina’s insurance laws include an entire article on “Unfair Trade Practices.” One section in that article defines what conduct in the insurance world counts as unfair or deceptive. And—stay with me here—one subsection within that section is entitled, “Unfair Claim Settlement Practices.” That subsection is N.C. Gen. Stat. § 58-63-15(11). […]
Food and drink are staples of the caselaw on unfair and deceptive trade practices. Roasted soybeans. Hot dogs. Poultry. Beef. Bourbon. Today, wine. In particular, a business called Wine & Design. It caters to those who desire to sip a traditional Gamay while living out their Andrew Wyeth-inspired dreams. The […]
Plaintiffs who prove violations of N.C. Gen. Stat. § 75-1.1 are automatically entitled to treble damages under N.C. Gen. Stat. § 75-16. The automatic trebling of damages for 75-1.1 claims often leads to substantial verdicts and settlements. It raises several questions: Why are plaintiffs allowed to automatically recover treble damages? […]