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Attorney: James M. Weiss

January 9, 2024 James M. Weiss

When Precedent Isn’t Enough: The Importance of the Grounds for Appellate Review in Substantial Right Appeals of Interlocutory Orders

A story as old as time. Employee meets employer. Employee signs non-compete. Employee works for employer. Employee quits working for employer. Employee goes to work for employer’s competitor. Employer sues employee and competitor for breach of the non-compete. And after a court denies the employer’s motion for a preliminary injunction […]

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May 1, 2023 James M. Weiss
Posted in  Per Se Violations

Phishing Scheme and Identity Theft: Not Kentucky Derby Horses, but Perhaps Per Se Violations of North Carolina’s Unfair and Deceptive Trade Practices Act

While this blog generally discusses cases decided in North Carolina, we occasionally venture out of state to see how judges in other parts of the country interpret our statutes, particularly section 75-1.1. Today is one of those trips, so put on your jaunty suits and fancy hats, fix yourself a […]

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August 10, 2022 James M. Weiss
Posted in  75-1.1 Exemptions Per Se Violations

Proximate Cause Is Required on a Per Se Claim for Unfair or Deceptive Trade Practices: Taking a Flyer on a Philadelphia Policy

We have written previously about the interplay between our insurance laws and section 75-1.1, including the requirement that a plaintiff must show actual and reasonable reliance when its claim rests on misrepresentations.  We also visited (carefully) with the Broad Street Bullies in an earlier decision that looked at the relationship […]

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