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 […]
How can decisions that a business makes before and after a data breach expose the business to a lawsuit by a government regulator? A recent high-profile settlement between North Carolina Attorney General Josh Stein and the ride-sharing company Uber prompts this important question. Dear Uber, we have your data In […]
This post takes yet another look at whether and when North Carolina law allows a claim for violation of N.C. Gen. Stat. § 75-1.1 when the claim relates to the subject-matter of a contract. As a matter of orientation, let’s first review three principles that most often affect this type […]
Preemption can be a powerful defense to an unfair and deceptive trade practice claim. Preemption of a claim brought under N.C. Gen. Stat. § 75-1.1 can deprive a putative plaintiff of potential treble damages remedies and potential recovery of attorneys’ fees. Attorneys have raised preemption as a defense with increasing […]
