Skip to Content

Category: Substantial Aggravating Circumstances

June 8, 2021 Steven A. Scoggan
Posted in  Direct Unfairness Misrepresentations Substantial Aggravating Circumstances

Similar Theories Lead to Different Results (Including a $31.9 Million Judgment), Illustrating the Importance of Categorizing Section 75-1.1 Claims

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 […]

Read More
March 16, 2021 James M. Weiss
Posted in  Economic-Loss Rule Substantial Aggravating Circumstances

Lunch and Learn: More Economic-Loss Rule Uncertainty in Section 75-1.1 Claims, this Time with More Juice Cups

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 […]

Read More
September 1, 2020 Steven A. Scoggan
Posted in  Economic-Loss Rule Substantial Aggravating Circumstances

In a Contract Case, Stick to Contract-Based Claims

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. […]

Read More