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August 28, 2018
Posted in  75-1.1 Exemptions

A family practice. A cunning nurse. Does section 75-1.1 apply to her conduct?

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 […]

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August 14, 2018
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

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 […]

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