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Category: Per Se Violations

October 20, 2020 Scottie Forbes Lee
Posted in  Misrepresentations Per Se Violations

Pleading Reliance in Unfair-Trade-Practice Claims Involving North Carolina’s Insurance Laws

Seven years ago, in Bumpers v. Community Bank of Northern Virginia, the Supreme Court of North Carolina held that a plaintiff who sues under N.C. Gen. Stat. § 75-1.1 based on a misrepresentation must show actual and reasonable reliance on the misrepresentation. A recent decision by the North Carolina Court of […]

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June 9, 2020 Steven A. Scoggan
Posted in  Per Se Violations

The Business Court Tells a Departing-Employee Case with No Trade-Secret Issues to Buzz Off

Departing-employee cases often involve claims for trade-secret misappropriation, breach of confidentiality and noncompetition agreements, and tortious interference with contractual or business relationships. Because these claims may also be per se violations of section 75-1.1, departing-employee cases between competitors almost always involve section 75-1.1 claims, as well. The North Carolina Business […]

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July 16, 2019 James M. Weiss
Posted in  Per Se Violations

In Alleging Unfair Mortgage Practices, Can a Pro Se Plaintiff Survive a Motion to Dismiss without Raising a Per Se Violation?

This post revisits litigation over the federal Home Affordable Mortgage Program, known as HAMP. Several years ago, in a pair of posts, we studied the application of N.C. Gen. Stat. § 75-1.1 to a lender’s conduct under this mortgage program. HAMP doesn’t provide a private right of action, so borrowers needed […]

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