Today’s post continues our “traps for the unwary” series. In Bryant v. Nationstar Mortgage, LLC, the North Carolina Court of Appeals affirmed the dismissal of a claim under N.C. Gen. Stat. § 75-1.1 arising from alleged impropriety in connection with a foreclosure. In Bryant, a homeowner brought a 75-1.1 claim […]
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 […]