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 […]
Lien on Me When Your Claim is Not Strong—That’s an Unfair Trade Practice If you sing the title of this post to the tune of Bill Withers’ 1972 hit “Lean on Me” you get something that might just be clever enough for this blog. What is not clever—and, really, a […]
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 […]
