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 […]
Category: Other 75-1.1 Issues
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 […]
As baseball fans know, any trip to the ballpark requires a good hot dog. And one hot dog soars above the rest: the all-beef kosher hot dog. A Minnesota judge was probably enjoying fond October baseball memories when he recently wrote a notable decision in a putative class action that […]
Today, the North Carolina Supreme Court issued opinions and rulings on petitions. Readers of this blog will find at least one of the opinions and one of the petition rulings interesting. First, in Dallaire v. Bank of America, the Supreme Court held that “[o]rdinary borrower-lender transactions . . . do not […]