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Category: Misrepresentations

June 8, 2021 Steven A. Scoggan
Posted in  Direct Unfairness Misrepresentations Substantial Aggravating Circumstances

Similar Theories Lead to Different Results (Including a $31.9 Million Judgment), Illustrating the Importance of Categorizing Section 75-1.1 Claims

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 […]

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October 20, 2020 Scottie Forbes Lee
Posted in  Misrepresentations Per Se Violations

Pleading Reliance in Unfair-Trade-Practice Claims Involving North Carolina’s Insurance Laws

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 […]

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