As we have discussed before, courts in North Carolina have not agreed on how the economic-loss rule applies, if at all, to claims under N.C. Gen. Stat. § 75-1.1. Two recent decisions by the North Carolina Court of Appeals—ten days apart—illustrate the varying approaches to this issue. Applying the economic-loss […]
If you buy a product through a website, and then the product doesn’t live up to its promises, can you sue the manufacturer for violating N.C. Gen. Stat. § 75-1.1? A recent decision by the federal court in Boston highlights at least three important points that affect the answer. A Laptop […]
As we’ve noted before, many 75-1.1 cases involve food products. Our appetites, of course, are always whetted when section 75-1.1, the economic-loss rule, and the “substantial aggravating circumstances” doctrine intersect. We observed this intersection in a group of recent decisions by the U.S. District Court for the Eastern District of […]
The economic-loss rule says that a contract dispute generally does not state a tort claim. The concern is that if a plaintiff could recover tort damages, that outcome would disregard the expectations reflected in the parties’ contract. The rule comes up most often when plaintiffs seek to recover only the […]