What's Fair? Blog

Today’s post examines an intersection of two familiar topics: (1) the “conduct standards” by which conduct is judged to be “unfair,” and (2) the “pervasively regulated conduct” rationale for section 75-1.1’s securities exemption. Robichaud v. Engage2Excel, Inc., a new decision from the U.S. District Court for the Western District of […]

We recently wrote about one state’s novel and high-profile use of its consumer-protection laws. In West Virginia, the state attorney general sued a Roman Catholic Diocese, alleging that it had deceived consumers—more specifically, parents who send their children to diocesan schools and camps. The lawsuit concerns allegations of sexual abuse […]

This post studies a recent decision about a sales agent who’s upset with the quality of his leads. An initial sidebar: the agent wasn’t peddling real estate, but it’s almost impossible to read the decision without thinking of this outstanding movie. David Mamet is a genius. But, setting aside whether […]

West Virginia made history last week when it filed a new lawsuit about the sexual-abuse scandal embroiling the Roman Catholic Church. The state attorney general is suing the Diocese of Wheeling-Charleston and its former Bishop for failing to protect children from priests and laity who had been credibly accused of […]