We’ve discussed before the challenges that a business might face if it files a lawsuit after a data breach. This post focuses on one particular challenge: the economic-loss rule. That rule prevents plaintiffs who suffer economic losses stemming from a contract from trying to recover those losses through non-contract claims. […]
Food and drink are staples of the caselaw on unfair and deceptive trade practices. Roasted soybeans. Hot dogs. Poultry. Beef. Bourbon. Today, wine. In particular, a business called Wine & Design. It caters to those who desire to sip a traditional Gamay while living out their Andrew Wyeth-inspired dreams. The […]
When drafting a complaint for North Carolina state court, you can sometimes hear two voices in your head. Those two voices are at war. The first voice is the Voice of Vagueness. “Keep it vague!” that voice proclaims. “North Carolina is a notice-pleading state. There’s no Twombly. Vague pleading means […]
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 […]