A claim under N.C. Gen. Stat. § 75-1.1 can sometimes trigger a constitutional challenge. A defendant might argue that an unfairness claim under section 75-1.1 is unconstitutionally vague, or that applying section 75-1.1 extraterritorially violates the Dormant Commerce Clause. Or a defendant might argue that the claim concerns conduct protected by […]
Last month, we discussed an important decision from the Supreme Court of North Carolina involving antitrust claims against Atrium Health, the large public-hospital system in Charlotte. In DiCesare v. Charlotte-Mecklenburg Hospital Authority, the Supreme Court held that quasi-municipal corporations like Atrium are exempt from liability under chapter 75—including section 75-1.1 […]
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 […]
Today’s post is about North Carolina’s common-law tort of unfair competition. We’ve talked about the tort before, and mentioned her a time or two in passing. But often, we just remember unfair competition as “the child of confusion,” the stepsister of trademark infringement, and the oft-forgotten cousin of section 75-1.1. […]