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Category: Other 75-1.1 Issues

June 21, 2018
Posted in  Other 75-1.1 Issues

Distilling the Essence of the Fair Use Defense

I have an appetite for cases about food. Hot dogs. Chicken. Beef. Baked goods. Today, bourbon. A decision last week by the Sixth Circuit analyzed claims of unfair competition and trademark infringement by one bourbon business against another. This post looks at that decision. In full disclosure, neither the case […]

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October 10, 2017
Posted in  Other 75-1.1 Issues

Section 75-1.1 and Trial Evidence

When a claim for violation of N.C. Gen. Stat. § 75-1.1 goes to trial, what analytical framework governs the admissibility of evidence related to that claim? Today’s post studies a recent decision by Judge Louis A. Bledsoe, III in the North Carolina Business Court that raises this question. When an […]

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September 12, 2017
Posted in  Other 75-1.1 Issues

Does the Fair Credit Reporting Act Preempt State-Law Claims for Unfair and Deceptive Trade Practices?

In cases that involve claims brought under North Carolina’s Unfair and Deceptive Trade Practices Act, an often overlooked issue is whether federal law preempts the 75-1.1 claim. In a case of apparent first impression, a federal district court in North Carolina recently ruled that the federal Fair Credit Reporting Act […]

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May 23, 2017
Posted in  Other 75-1.1 Issues

The North Carolina Business Court Hands Down an Important Healthcare Antitrust Decision, Part 2

In a recent blog post, we discussed a new antitrust decision from the North Carolina Business Court that involves healthcare providers and health insurers. In that post, we examined the significance of that opinion to indirect-purchaser standing under North Carolina antitrust law. Judge Michael Robinson’s decision in Christopher DiCesare, et […]

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