North Carolina law awards treble damages for violations of N.C. Gen. Stat. § 75-1.1 “if damages are assessed.” A recent Fourth Circuit decision asks this question: If a plaintiff seeks rescission, and if the defendant’s conduct violates section 75-1.1, may the court treble the value of the rescission? The court answered […]
Today’s post involves the relationship between N.C. Gen. Stat. § 75-1.1 and amounts in controversy—especially the new amount in controversy in the statute that governs assigning cases to the North Carolina Business Court. Do treble damages under section 75-1.1 count toward these required amounts? Probably so. However, to answer the […]
We have written before about the “aggravated breach of contract” theory under N.C. Gen. Stat. § 75-1.1. This theory can make a breach of contract a springboard to treble damages. Most decisions on this theory leave a key question unanswered: When a plaintiff wins on an aggravated-breach theory, which damages […]
Under North Carolina law, insurers may not engage in certain prohibited practices. Chapter 58 of the North Carolina General Statutes enumerates these practices. There is no private right of action under these parts of chapter 58 themselves. Even so, a number of court decisions hold that the acts barred by […]