A recent decision of the North Carolina Court of Appeals highlights an unusual issue: Does N.C. Gen. Stat. § 75-1.1 apply to conduct by a government employee in a claim brought by his employer, a government entity? In County of Harnett v. Rogers, Harnett County accused a former employee of […]
Category: Other 75-1.1 Issues
Does N.C. Gen. Stat. § 75-1.1 allow a lawsuit by a remote user of a product—a user who had no involvement in buying the product? A federal court in North Carolina recently answered no. An unusual fact pattern for a 75-1.1 case Early one morning, Danielle Washington was driving to […]
Does N.C. Gen. Stat. § 75-1.1 ever support liability simply because the price of a good or service is too high? To our surprise, a recent decision from the U.S. District Court for the Eastern District of North Carolina answers “maybe so.” In Respess v. Crop Production Services, Inc., Senior District […]
Can a third party use N.C. Gen. Stat. § 75-1.1 to sue an insurer based on an insured’s misdeeds? A recent decision by the North Carolina Business Court answers with a qualified “no.” North Carolina law has usually barred third parties from suing insurers. Courts have recognized exceptions, however, when […]