I am always curious to see how courts outside of North Carolina grapple with section 75-1.1—particularly when facing novel or unsettled questions. And few questions are as unsettled as whether the economic-loss rule bars a section 75-1.1 claim. In fact, we have discussed opinions from outside of our state (California […]
Nuisance lawsuits against pork producers Murphy-Brown and Smithfield Foods have received extensive publicity in the past two years. In those cases, individuals that live near hog farms owned by Murphy-Brown and Smithfield allege that the hog farms—namely, the odors, dust, noise, and other things that go along with hog-farm operations—are […]
It has been some time since we have written about the attorneys’ fee provision in N.C. Gen. Stat. § 75-16.1(1). Back in 2015, we wrote about that section’s requirement for a fee award of “an unwarranted refusal” by the party charged with the violation “to fully resolve the matter.” Attorney […]
A company is faced with the prospect of a multi-million-dollar judgment. In response, the company’s president starts a new company, transfers the business and assets, and leaves the first company insolvent. Once the judgment is entered, the creditor seeks to enforce the judgment against the new company by piercing the […]