For St. Patrick’s Day, my kids always make elaborate leprechaun traps to try and catch the leprechaun. If they catch him, they get to keep his pot of gold from the end of the rainbow. Each year the traps get more elaborate, but each year we fail to catch the […]
A long time ago, there was a beardless comedian named David Letterman. He did a nightly show that you couldn’t stream, pause, or download. And it always included a Top 10 list. Through two recent decisions, you could say that the North Carolina Business Court has picked up Dave’s mantle […]
Two years ago, I left Ellis & Winters to spend a few years as in-house counsel at a financial institution. Before I left, I wrote several times about the uncertainty surrounding the economic-loss rule and section 75-1.1 (here, here, here, and here). While I was away, my colleagues continued to […]
North Carolina’s unfair and deceptive trade practices statute reaches a wide variety of “unfair” or “deceptive” conduct. Litigants are more frequently tripped up by the requirement that the conduct be “in or affecting commerce.” Senior U.S. District Judge Graham C. Mullen recently relied on this requirement in dismissing a section […]