Two years ago, the North Carolina Supreme Court 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. Courts often say that the reasonableness of reliance is a question of fact. A recent decision from […]
In Bumpers v. Community Bank of Northern Virginia, the North Carolina Supreme Court held that when a plaintiff alleges a violation of N.C. Gen. Stat. § 75-1.1 based on a misrepresentation, the plaintiff must prove actual and reasonable reliance on the misrepresentation. A recent federal appellate decision addresses a significant […]
A federal court in North Carolina has held that certain claims under N.C. Gen. Stat. § 75-1.1 require especially detailed allegations. This groundbreaking decision will have major consequences for plaintiffs who pursue 75-1.1 claims in federal court—and for defendants who move to dismiss those claims. Last week, in Topshelf Management, […]
When a consumer sues a product manufacturer over an allegedly false advertisement, what must the consumer allege to state a claim that the advertisement is false? A recent decision by the U.S. Court of Appeals for the Fourth Circuit, In re GNC Corp., addresses this question. Glucosamine and Chondroitin The […]