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Attorney: Jeremy Falcone

November 14, 2017 Jeremy Falcone
Posted in  75-1.1 Exemptions

Internal Business Disputes, Third Parties, and Section 75-1.1

The reach of N.C. Gen. Stat § 75-1.1 extends to conduct “in or affecting commerce.” Although this phrasing seems broad, courts interpreted it to exempt several types of conduct from the statute’s purview.  One recognized exemption is for internal business disputes: that is, conduct among members of the same business. A recent decision by the […]

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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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April 11, 2017 Jeremy Falcone
Posted in  75-1.1 Exemptions

Further Closing the Narrow Opening for Section 75-1.1 in the Employer-Employee Context

A recent opinion from the North Carolina Business Court illustrates courts’ continued reluctance to allow section 75-1.1 claims in the context of an employer-employee relationship. Judge James L. Gale recently dismissed a N.C. Gen. Stat. § 75-1.1 claim that arose from an employment relationship that had evolved into a business […]

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