Courts frequently encounter a section 75-1.1 claim in the context of a contract. We have written before about the difficult determination of whether the allegations rise to the level of a “substantial aggravating factor” that would support a section 75-1.1 claim despite the contract (examples here, here, and here). Earlier […]
We have previously explored the application of the economic-loss rule to claims for violation of N.C. Gen. Stat. § 75-1.1. As we have observed, different courts have taken different approaches when assessing the rule’s application, depending on the circumstances of the case. In one of our posts, we discussed two […]
We have examined cases that explore exemptions to liability under N.C. Gen. Stat. § 75-1.1. The section 75-1.1 carve-outs include exemptions for securities transactions, internal business disputes, and employment matters. Courts have also generally excluded residential real estate sales from the statute. A recent decision from the North Carolina Court […]
As we have explored, a party that tries to prove a violation of N.C. Gen. Stat § 75-1.1 in connection with an employment matter faces some serious obstacles. A recent decision from the U.S. District Court for the Western District of North Carolina analyzes one of these obstacles. In Legacy […]