We have written previously about the interplay between our insurance laws and section 75-1.1, including the requirement that a plaintiff must show actual and reasonable reliance when its claim rests on misrepresentations. We also visited (carefully) with the Broad Street Bullies in an earlier decision that looked at the relationship […]
In Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC, the U.S. District Court for the Western District of North Carolina granted summary judgment to Duke Energy on numerous federal antitrust and state unfair competition counterclaims by a competitor. Suggesting a dim view of the counterclaims, the court noted up […]
Earlier this year, we wrote about two cases that considered whether an assignee of insurance proceeds could maintain a section 75-1.1 claim against insurers. The North Carolina Business Court found that such an assignee could maintain the claim in Brakebush Brothers. The Fourth Circuit reached the opposite conclusion in Skyline […]
While we often write about section 75-1.1 of North Carolina’s General Statutes on this blog, today’s post examines another statute contained in Chapter 75: the Abusive Patent Assertions Act. First, we’ll take a brief look at the Act. Next, we’ll examine the first (and based on our research, the only) […]