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 […]
Category: Other 75-1.1 Issues
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 […]
Although courts sometimes describe N.C. Gen. Stat. § 75-1.1 as an outgrowth of antitrust law, most 75-1.1 claims do not arise from antitrust fact patterns. SiteLink Software, LLC v. Red Nova Labs, Inc. is an exception. That case involves overlapping antitrust claims and section 75-1.1 claims. In this setting, the […]
The North Carolina Business Court has recognized a new type of claim: a claim for failing to negotiate in good faith. Raising the stakes further, the court has held that failing to negotiate in good faith could lead to treble damages under N.C. Gen. Stat. § 75-1.1. The Business Court’s […]