As we have previously explored, North Carolina’s choice-of-law rule for multi-state unfair and deceptive trade practice cases remains unsettled. Some courts have applied a “most significant relationship” test while others have applied a “place of injury” or “lex loci” test to assess which state’s law to apply. The North Carolina […]
Today, we look at another decision about the line that divides ordinary contract claims from claims that allege “substantial aggravating circumstances” relating to a breach. The latter category of claims violate N.C. Gen. Stat. § 75-1.1. (Speaking of which, I recently presented a CLE on this topic; here is a […]
Yesterday’s post examined a case called In re Yahoo! Inc. Customer Data Security Breach Litigation. In In re Yahoo!, Yahoo sought to dismiss data-breach claims based on disclaimers and limitations of liability contained in Yahoo’s online terms of service. As we discussed, the court rejected Yahoo’s reliance on security-related disclaimers […]
Companies that operate online often include disclaimers and limitations of liability in standardized terms of service. If a company suffers a data breach involving personal information collected from its customers, can the company rely on these disclaimers to limit or preclude liability to those customers? This two-part series of […]