In cases under N.C. Gen. Stat. § 75-1.1, it’s important to distinguish arguments under Rule 12(b)(1) from arguments under Rule 12(b)(6). On a Rule 12(b)(6) motion to dismiss for failure to state a claim, a court generally must treat factual statements in complaints as true. In contrast, on a Rule 12(b)(1) […]
Last November, we posted on the putative class action that former UNC football player Michael McAdoo has filed against UNC in the U.S. District Court for the Middle District of North Carolina. In our post, we noted a number of the obstacles faced by McAdoo’s claim under N.C. Gen. Stat. […]
When one of my children misbehaves, I often hear a variation on this response: “But [sibling] does the same thing! And so do [named friends]!” Can a party who is accused of an unfair trade practice raise the same defense? That is, can a business avoid section 75-1.1 liability by […]
Last Thursday, former UNC football player Michael McAdoo filed a putative class action against UNC-Chapel Hill. This federal complaint has already received extensive publicity. The publicity, though, has overlooked the surprising lead claim in the complaint—a claim for unfair and deceptive practices under N.C. Gen. Stat. § 75-1.1. McAdoo alleges that when […]