Seven years ago, in Bumpers v. Community Bank of Northern Virginia, the Supreme Court of North Carolina held that a plaintiff who sues under N.C. Gen. Stat. § 75-1.1 based on a misrepresentation must show actual and reasonable reliance on the misrepresentation. A recent decision by the North Carolina Court of […]
As we’ve discussed before, N.C. Gen. Stat. § 75-1.1 does not apply to securities transactions. Courts have held that disputes involving securities transactions are not “in or affecting commerce” under the statute. The securities exemption was born in Skinner v. E.F. Hutton & Co. In HAJMM Co. v. House of Raeford […]
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 […]
This post studies an interesting question in competition law: can a local government be sued for money damages based on a federal antitrust violation? The answer is “no,” according to a recent decision from a federal court in Charlotte. Benitez v. Charlotte-Mecklenburg Hospital Authority is one of several high-profile antitrust cases […]