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November 24, 2020 Steven A. Scoggan
Posted in  Federal Preemption

FDCA Preemption: A Powerful Defense in Commercial Litigation, Too.

We’ve often discussed the power of preemption defenses to section 75-1.1 claims. Preemption is also a crucial issue in pharmaceutical and medical device litigation, as the federal Food, Drug & Cosmetic Act (FDCA) has been held to preempt a wide variety of products-liability and consumer-protection claims. Consumer-protection statutes like section […]

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November 13, 2020 Preetha Suresh Rini
Posted in  Intellectual Property Per Se Violations

Can Clickbait Cause Confusion? Purchasing AdWord Did Not Constitute Trademark Infringement or an Unfair Trade Practice

In intellectual property disputes, the strength of a section 75-1.1 claim or an unfair competition claim often rises or falls with a trademark infringement claim. For instance, N.C. Gen. Stat. § 80-12 provides that a violation of state trademark law constitutes a per se violation of section 75-1.1. Additionally, while a […]

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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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