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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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January 18, 2023
Posted in  Other 75-1.1 Issues

Arbitrating Section 75-1.1 Claims: Blessing or Curse?

Arbitrating Section 75-1.1 Claims: Blessing or Curse? Recently, in Goins v. TitleMax of Virginia, the U.S. District Court for the Middle District of North Carolina underscored the “severely circumscribed” nature of judicial review of arbitration awards, observing that such review “is among the narrowest known at law.” Indeed, the Court […]

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November 8, 2022 Thomas H. Segars
Posted in  Direct Unfairness Per Se Violations

If It Weren’t for Bad Luck . . . Another Lesson on the Intersection of Section 75-1.1 and Insurance Law

Today’s post examines a recent decision from the Middle District of North Carolina on the intersection of section 75-1.1 claims and insurance law.  As explained in more detail below, Martin v. Nautilus Insurance Co. illustrates how courts approach section 75-1.1 claims made in the context of insurance and offers lessons […]

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September 27, 2022 Steven A. Scoggan
Posted in  Choice of Law

U Can’t Touch This: The Limits on Section 75-1.1’s Reach to Out-of-State Conduct

Section 75-1.1 claims involving out-of-state conduct frequently face significant hurdles. A claimant must show a substantial in-state injury for section 75-1.1 to apply. (See here and here.)  Choice of law rules can also bar such claims. Today’s post examines two recent decisions (here and here) applying the choice-of-law rules governing […]

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