North Carolina’s unfair and deceptive trade practices statute reaches a wide variety of “unfair” or “deceptive” conduct. Litigants are more frequently tripped up by the requirement that the conduct be “in or affecting commerce.” Senior U.S. District Judge Graham C. Mullen recently relied on this requirement in dismissing a section […]
We have frequently reviewed the interplay between the economic-loss rule and Section 75.1.1 claims (see here, here, and here). In Foodbuy, LLC v. Gregory Packaging, Inc., (Sept. 25, 2018), Chief Judge Frank D. Whitney of the Western District of North Carolina issued an opinion after a bench trial on dueling […]
We rarely have the opportunity to cover a section 75-1.1 dispute in the context of a workers’ compensation claim. The exclusivity provision of the North Carolina Workers’ Compensation Act keeps most of these claims from ever making their way to court. In Seguro-Suarez v. Key Risk Insurance Company, the Court […]
While N.C. Gen. Stat. § 75-1.1 reaches any action “in or affecting commerce,” there are several limitations to its reach. One such limitation is the internal business dispute exemption, which prevents claims that arise solely within a single market participant. This exemption has been a frequent focus of our previous posts. […]