Can a contractual choice of law disable N.C. Gen. Stat. § 75-1.1? Yes, according to a recent decision from a federal court in New York. In Canon U.S.A., Inc. v. Cavin’s Business Solutions, Inc., a business filed a 75-1.1 claim against a North Carolina defendant. The claim centered on a […]
Courts often opine on the relationship between N.C. Gen. Stat. § 75-1.1 and other bodies of law. In a recent case, a federal court announced a rare holding of that type: a holding that another body of law regulates an area so pervasively that applying section 75-1.1 is impossible. A […]
Can a bankruptcy trustee prove a violation of N.C. Gen. Stat. § 75-1.1 based on business strategies that forced a debtor into bankruptcy? The U.S. Bankruptcy Court for the Eastern District of North Carolina recently addressed this question in In re American Ambulette & Ambulette Service, Inc. The Debtors’ Corporate Parents […]
A recent decision from a North Carolina federal court underscores the importance of how a plaintiff frames an alleged violation of N.C. Gen. Stat. § 75-1.1. In Hongda Chemical USA, LLC v. Shangyu Sunfit Chemical Co., Judge N. Carlton Tilley Jr. of the U.S. District Court for the Middle District of […]