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September 22, 2020 Preetha Suresh Rini
Posted in  Choice of Law Misrepresentations Other 75-1.1 Issues

Paper Airplanes and Passing Notes: Sending a Complaint to Industry Contacts Lands a Section 75-1.1 Claim

In this week’s post, we’re taking a trip across the country to see how a federal court in Utah applied section 75-1.1. We’ve previously written about how courts outside of North Carolina interpret section 75-1.1, like this one in California, or this one in Massachusetts. Last month, the U.S. District […]

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September 8, 2020 James M. Weiss
Posted in  Attorney Fees

Putting the “Fare” in Unfair and Deceptive Trade Practices; How a Forcible Self-Help Eviction Could Lead to Treble Damages and Attorneys’ Fees.

If you scan the categories of posts on this blog, then you probably know that N.C. Gen. Stat. § 75-1.1 covers a broad range of behaviors. One uncommon action that can fall within the auspice of section 75-1.1 is a forcible self-help eviction, an important point to be aware of during […]

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September 1, 2020 Steven A. Scoggan
Posted in  Economic-Loss Rule Substantial Aggravating Circumstances

In a Contract Case, Stick to Contract-Based Claims

We’ve written often about two recurring issues in contract disputes that limit a party’s ability to bring a section 75-1.1 claim: the economic-loss rule and “substantial aggravating circumstances.” The economic-loss rule provides that, in most cases, a breach of contract does not give rise to tort claims between contracting parties. […]

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