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 […]
North Carolina law prohibits unfair or deceptive acts “in or affecting commerce.” But “commerce” doesn’t include “professional services rendered by a member of a learned profession.” This quoted language comes straight from N.C. Gen. Stat. § 75-1.1. One clear takeaway from this language is that a professional’s treatment of a patient […]
Data-privacy legislation is in vogue. Including in North Carolina. But this post looks at the new data-privacy law in a different state, California. The law, called the California Consumer Privacy Act (or “CaCPA” to some), was a hurried response to a proposed citizen-ballot initiative (the history of which is the […]
When do Creditors of a Bankrupt Corporation Lack Standing to Bring an Unfair and Deceptive Trade Practice Claim?
Lawsuits and collection actions against a corporation are automatically stayed when the corporation files for bankruptcy, generally speaking. In order to avoid the automatic stay, creditors may bring claims against the directors and/or officers of the bankrupt corporation rather than against the corporation itself. Depending on the nature of the […]