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Category: Other 75-1.1 Issues

March 28, 2019 Thomas H. Segars
Posted in  Other 75-1.1 Issues

An Unlikely New Target for Consumer Protection Laws: Allegations of Sexual Abuse in Religious Education

West Virginia made history last week when it filed a new lawsuit about the sexual-abuse scandal embroiling the Roman Catholic Church. The state attorney general is suing the Diocese of Wheeling-Charleston and its former Bishop for failing to protect children from priests and laity who had been credibly accused of […]

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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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