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Category: Other 75-1.1 Issues

January 11, 2022 Thomas H. Segars
Posted in  Other 75-1.1 Issues

Chicken One Day and Feathers the Next: Section 75-1.1 Claims of Insurance Assignees

Rights to insurance proceeds can be—and frequently are—assigned. For example, one business might acquire an insured’s right to insurance proceeds as part of a larger asset acquisition. Or an unpaid contractor who repaired damage to a home after a hurricane might take an assignment of the insured’s rights to collect […]

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July 20, 2021 Scottie Forbes Lee
Posted in  Other 75-1.1 Issues

Does Noerr–Pennington Immunity Apply to State-Law Tort Claims?

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 […]

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