We’ve often discussed the power of preemption defenses to section 75-1.1 claims. Preemption is also a crucial issue in pharmaceutical and medical device litigation, as the federal Food, Drug & Cosmetic Act (FDCA) has been held to preempt a wide variety of products-liability and consumer-protection claims. Consumer-protection statutes like section […]
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. […]
Departing-employee cases often involve claims for trade-secret misappropriation, breach of confidentiality and noncompetition agreements, and tortious interference with contractual or business relationships. Because these claims may also be per se violations of section 75-1.1, departing-employee cases between competitors almost always involve section 75-1.1 claims, as well. The North Carolina Business […]
