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 […]
Can a third party use N.C. Gen. Stat. § 75-1.1 to sue an insurer based on an insured’s misdeeds? A recent decision by the North Carolina Business Court answers with a qualified “no.” North Carolina law has usually barred third parties from suing insurers. Courts have recognized exceptions, however, when […]
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 […]
A recent decision by the North Carolina Business Court highlights an important—and counterintuitive—limit on the scope of N.C. Gen. Stat. § 75-1.1. Section 75-1.1 says expressly that it applies to practices “in or affecting commerce.” Courts have interpreted this phrase as narrowing the fact patterns that the statute covers. The employment […]