Today’s post examines two recent decisions from the North Carolina Business Court, Vanguard Pai Lung, LLC v. Moody and Langley v. Autocraft, Inc. These decisions implicate two related exemptions from section 75-1.1 liability for intra-enterprise operations and conduct occurring in the employer-employee relationship. The intra-enterprise exemption, rooted in the statute’s […]
Have you purchased tickets for a Tennessee Williams play—assuming that you were going to enjoy a distinctly “Tennessee” theater experience—only to learn that Tennessee Williams was born in Mississippi? Were you crestfallen to find out that your Canadian bacon didn’t come from Canada at all? If so, you may have […]
Arbitrating Section 75-1.1 Claims: Blessing or Curse? Recently, in Goins v. TitleMax of Virginia, the U.S. District Court for the Middle District of North Carolina underscored the “severely circumscribed” nature of judicial review of arbitration awards, observing that such review “is among the narrowest known at law.” Indeed, the Court […]
Earlier this year, we wrote about two cases that considered whether an assignee of insurance proceeds could maintain a section 75-1.1 claim against insurers. The North Carolina Business Court found that such an assignee could maintain the claim in Brakebush Brothers. The Fourth Circuit reached the opposite conclusion in Skyline […]