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November 12, 2019 in 75-1.1 Exemptions by

When tiptoeing around the securities exemption to North Carolina’s Unfair and Deceptive Trade Practices Act, take each step carefully

North Carolina law prohibits unfair and deceptive trade practices, but not if those practices concern securities transactions. The state supreme court announced this exemption in 1985 in Skinner v. E.F. Hutton & Co. The court expanded on the exemption’s reach in a 1991 decision called HAJMM Co. v. House of Raeford Farms, Inc. Thanks […]

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October 8, 2019 in 75-1.1 Exemptions by

Roll Tide: Why Alabama’s Interests Caused a Tennessee Court to Dismiss a Claim for Unfair Trade Practices against a North Carolina Defendant

Today’s post concerns another case involving multistate conduct. And, for reasons I’ll explain, it continues Alabama’s recent trend of flexing its muscles in Tennessee. The case, styled McLendon v. North Carolina Mutual Life Insurance Company, involves allegedly unfair insurance practices. The defendant insurer has its headquarters in North Carolina, but […]

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September 10, 2019 in 75-1.1 Exemptions by

In Departing-Employee Litigation, Can a Claim for Unfair Trade Practices Bring the Case to the Business Court?

Today’s post concerns a recent decision about the scope of N.C. Gen. Stat. § 7A-45.4, the statute that controls which cases the North Carolina Business Court can hear. This issue and the decision—called UNOX, Inc. v. Conway—are important for at least two reasons. For one, and stating the obvious, the […]

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