Two years ago, I left Ellis & Winters to spend a few years as in-house counsel at a financial institution. Before I left, I wrote several times about the uncertainty surrounding the economic-loss rule and section 75-1.1 (here, here, here, and here). While I was away, my colleagues continued to […]
Today’s blog post is about a recent Fourth Circuit opinion, Foodbuy LLC v. Gregory Packaging, Inc., involving the intersection of N.C. Gen. Stat. § 75-1.1 and everyone’s favorite school lunch item—juice cups. As a bonus, the Fourth Circuit also waded into the unsettled question of whether the economic-loss rule can […]
We’ve written often about two recurring issues in contract disputes that limit a party’s ability to bring a section 75-1.1 claim: the economic-loss rule and “substantial aggravating circumstances.” The economic-loss rule provides that, in most cases, a breach of contract does not give rise to tort claims between contracting parties. […]
I am always curious to see how courts outside of North Carolina grapple with section 75-1.1—particularly when facing novel or unsettled questions. And few questions are as unsettled as whether the economic-loss rule bars a section 75-1.1 claim. In fact, we have discussed opinions from outside of our state (California […]
