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September 13, 2016
Posted in  Per Se Violations

Breaches of covenants not to compete as unfair and deceptive practices? The North Carolina Business Court weighs in

When does a breach of a covenant not to compete violate N.C. Gen. Stat. § 75-1.1? Is tortious interference a per se violation of section 75-1.1? Departing-employee cases often raise both questions, but the answer to each question remains unsettled. The North Carolina Business Court weighed in on both of these […]

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August 23, 2016
Posted in  Other 75-1.1 Issues

High Prices = Unfair Trade Practices?

Does N.C. Gen. Stat. § 75-1.1 ever support liability simply because the price of a good or service is too high? To our surprise, a recent decision from the U.S. District Court for the Eastern District of North Carolina answers “maybe so.” In Respess v. Crop Production Services, Inc., Senior District […]

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July 26, 2016
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Bankruptcy Court Rejects Unfair-Practices Claim Against Insurer Accused of Aiding and Abetting Conversion of Trust Funds

A recent decision reminds us that North Carolina’s bankruptcy courts often rule on claims under N.C. Gen. Stat. § 75-1.1. In re NC & VA Warranty Co. was an adversary proceeding in the bankruptcy of a warranty company. The company’s bankruptcy trustee tried to amend her complaint to assert breach-of-contract […]

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