Today’s post examines a recent decision from the Middle District of North Carolina on the intersection of section 75-1.1 claims and insurance law. As explained in more detail below, Martin v. Nautilus Insurance Co. illustrates how courts approach section 75-1.1 claims made in the context of insurance and offers lessons […]
As we’ve previously explained, section 75-1.1 claims for unfair or deceptive trade practices typically fall into five discrete categories. Categorizing claims is not always simple, but it can have colossal consequences. Today’s post examines two cases with three section 75-1.1 claims. Those claims share similar factual theories but resulted in […]
When a company investigates potential trademark infringement, what tactics can the company use without the investigation running afoul of North Carolina’s Unfair and Deceptive Trade Practices Act? The Fourth Circuit Court of Appeals recently explored this question in Exclaim Marketing, LLC v. DirecTV, LLC. Tracking down a potential infringer DirecTV […]
A recent federal decision considers how N.C. Gen. Stat. § 75-1.1 applies when a plaintiff attacks the resolution of a legal claim. The decision might create a new categorical limit on direct-unfairness claims under section 75-1.1. A Suspicious Request Davis v. State Farm Life Insurance Co. involved an insurance company […]