Section 75-1.1 claimants find themselves stuck in a HAJMM sandwich when their complaint arises out of conduct that occurs in a securities transaction, but for which the securities laws provide no remedy. In these circumstances, the securities exemption based on HAJMM Co. v. House of Raeford Farms, Inc. will bar […]
I am always curious to see how courts outside of North Carolina grapple with section 75-1.1—particularly when facing novel or unsettled questions. And few questions are as unsettled as whether the economic-loss rule bars a section 75-1.1 claim. In fact, we have discussed opinions from outside of our state (California […]
I didn’t anticipate how many friends and family members would tap me for free advice when I became a lawyer. Sometimes, my J.D. seems to hang over me like the sign at Lucy’s psychiatry booth from Peanuts. You might have had the same experience. Remarkably, I get asked one question […]
One week from today, the North Carolina Servicemembers Civil Relief Act will go into effect. When it does, North Carolina will add a new per se theory of section 75-1.1 liability. The new law, which will be codified in Chapter 127B of the General Statutes (“Military Affairs”), serves two purposes. […]
