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October 24, 2017
Posted in  Substantial Aggravating Circumstances

The North Carolina Business Court Explores the Boundaries of “Substantial Aggravating Circumstances”

Courts have long recognized limitations on claims brought under N.C. Gen. Stat. § 75-1.1 in conjunction with alleged breaches of contract. Although the North Carolina Supreme Court has never formally recognized a restriction, state and federal courts alike have determined that a breach of contract does not give rise to […]

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October 17, 2017
Posted in  Privacy and Data Security

The Government Can Sue for a Privacy or Data-Security Violation. What Are the Limits of that Government Power?

Consumers and businesses aren’t the only sources of potential privacy and data-security litigation. Today’s post looks at another important source: the Federal Trade Commission and state consumer-protection regulators. In many cases, government enforcers don’t have express authority to sue for “privacy” or “data security” violations. Instead, the FTC often sues based […]

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October 10, 2017
Posted in  Other 75-1.1 Issues

Section 75-1.1 and Trial Evidence

When a claim for violation of N.C. Gen. Stat. § 75-1.1 goes to trial, what analytical framework governs the admissibility of evidence related to that claim? Today’s post studies a recent decision by Judge Louis A. Bledsoe, III in the North Carolina Business Court that raises this question. When an […]

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September 26, 2017 Jeremy Falcone
Posted in  Economic-Loss Rule

The Economic Loss Rule and Misrepresentation-Based Section 75-1.1 Claims

We’re not alone in our interest in how the economic-loss doctrine applies to alleged violations of N.C. Gen. Stat. § 75-1.1.  In a recent case in the North Carolina Business Court involving section 75-1.1 claims, Judge Michael L. Robinson requested supplemental briefing on the economic-loss doctrine.  Judge Robinson’s sua sponte […]

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