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 […]
This post takes yet another look at whether and when North Carolina law allows a claim for violation of N.C. Gen. Stat. § 75-1.1 when the claim relates to the subject-matter of a contract. As a matter of orientation, let’s first review three principles that most often affect this type […]
If you’ve taken out a mortgage, you know the importance of an appraisal. An appraisal below the property value, in particular, can spell trouble for a borrower. But what if a lender orders an appraisal that mistakenly, and substantially, exceeds the property’s real value, and the borrower goes forward with […]
This post looks at a potentially overlooked roadblock in proving a violation of N.C. Gen. Stat. § 75-1.1: the requirement that the claimant have standing to sue. You might think of standing as an exclusively federal-court concept, but North Carolina law has its own standing requirement. Indeed, we’ve noted at […]