Lawsuits against pharmaceutical companies generally center on product-liability claims. A new trend in pharma cases, however, is to include a different kind of claim: a claim for unfair trade practices. A recent decision from the South Carolina Supreme Court addresses unfair-trade-practices claims against a pharma company. In State ex rel. Wilson […]
One of our recent posts asked how causation works when a plaintiff pursues a false-advertising claim under N.C. Gen. Stat. § 75-1.1. A new decision from the U.S. District Court for the Middle District of North Carolina gives a partial answer to that question. The SMD verdict raises the causation issue […]
In a recent federal case, section 75-1.1 made the difference between the plaintiff recovering nothing and recovering almost two million dollars. This outcome underscores two key features of section 75-1.1: First, the statute allows businesses, as well as consumers, to sue. Second, parties can win under section 75-1.1 even when […]
Last fall, the North Carolina Supreme Court issued a major decision, Bumpers v. Community Bank of Northern Virginia, 747 S.E.2d 220 (N.C. 2013), that helps to define the elements of a claim under section 75-1.1. The court held that when a section 75-1.1 claim is based on an alleged misrepresentation, the […]
