Can entry into a fully integrated written contract waive claims for unfair or deceptive trade practices that are based on the prior representations of one of the parties? A new case from the North Carolina Court of Appeals suggests that the answer is yes. French Broad Place, LLC v. Asheville […]
As we’ve discussed, after a company experiences a data breach, government regulators can be a key source of privacy and data-security litigation. The Federal Trade Commission, for instance, often uses its authority under Section 5 of the FTC Act to sue companies for privacy and data-security failures. One common theory? […]
You might remember my post from late last year about a case called Koch Foods v Pate Dawson involving the sale of poultry. The defendant moved for summary judgment, but got a fowl outcome. I write today with the denouement. The buyer in Koch Foods paid only a small fraction […]
This post looks at a potentially overlooked roadblock in proving a violation of N.C. Gen. Stat. § 75-1.1: the requirement that the claimant have standing to sue. You might think of standing as an exclusively federal-court concept, but North Carolina law has its own standing requirement. Indeed, we’ve noted at […]