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 […]
We’ve discussed before challenges faced by plaintiffs in establishing Article III standing when they sue companies after a data breach, and some of the novel theories they’ve used to clear the Article III hurdle. Today’s post looks at the latest one of these theories. When a business suffers a data […]
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 […]
