This post concerns an intriguing question of civil procedure. We wrote a few years ago about whether the trebling feature in N.C. Gen. Stat. § 75-16 can be used in calculating the minimum amount in controversy required to designate a case to the North Carolina Business Court. We look in […]
Category: Substantial Aggravating Circumstances
Sometimes small errors can have big consequences. According to a recent Fourth Circuit decision, big consequences do not turn small errors into unfair or deceptive trade practices. Edwards v. Genex Cooperative, Inc. considered a section 75-1.1 claim based on a breach of contract accompanied by “substantial aggravating factors.” Parties to […]
Courts frequently encounter a section 75-1.1 claim in the context of a contract. We have written before about the difficult determination of whether the allegations rise to the level of a “substantial aggravating factor” that would support a section 75-1.1 claim despite the contract (examples here, here, and here). Earlier […]
Can entry into a fully integrated written contract waive claims for unfair or deceptive trade practices that are based on the prior representations of one of the parties? A new case from the North Carolina Court of Appeals suggests that the answer is yes. French Broad Place, LLC v. Asheville […]