As we’ve previously explained, section 75-1.1 claims for unfair or deceptive trade practices typically fall into five discrete categories. Categorizing claims is not always simple, but it can have colossal consequences. Today’s post examines two cases with three section 75-1.1 claims. Those claims share similar factual theories but resulted in […]
Today’s blog post is about a recent Fourth Circuit opinion, Foodbuy LLC v. Gregory Packaging, Inc., involving the intersection of N.C. Gen. Stat. § 75-1.1 and everyone’s favorite school lunch item—juice cups. As a bonus, the Fourth Circuit also waded into the unsettled question of whether the economic-loss rule can […]
We’ve written often about two recurring issues in contract disputes that limit a party’s ability to bring a section 75-1.1 claim: the economic-loss rule and “substantial aggravating circumstances.” The economic-loss rule provides that, in most cases, a breach of contract does not give rise to tort claims between contracting parties. […]
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 […]