This blog is no stranger to litigants attempting to transform run-of-the-mill contract disputes into claims for unfair or deceptive trade practices. Nor are our North Carolina courts, given the prospect of recovering treble damages and attorneys’ fees to a spurned business. Today’s post looks at a recent decision from the […]
Seven years ago, in Bumpers v. Community Bank of Northern Virginia, the Supreme Court of North Carolina held that a plaintiff who sues under N.C. Gen. Stat. § 75-1.1 based on a misrepresentation must show actual and reasonable reliance on the misrepresentation. A recent decision by the North Carolina Court of […]
In this week’s post, we’re taking a trip across the country to see how a federal court in Utah applied section 75-1.1. We’ve previously written about how courts outside of North Carolina interpret section 75-1.1, like this one in California, or this one in Massachusetts. Last month, the U.S. District […]
Nuisance lawsuits against pork producers Murphy-Brown and Smithfield Foods have received extensive publicity in the past two years. In those cases, individuals that live near hog farms owned by Murphy-Brown and Smithfield allege that the hog farms—namely, the odors, dust, noise, and other things that go along with hog-farm operations—are […]