In an earlier post, we laid out five categories of claims under N.C. Gen. Stat. § 75-1.1. That five-category structure has now appeared in a judicial opinion for the first time, thanks to a recent opinion from Judge Louise Flanagan of the U.S. District Court for the Eastern District of North […]
Most of the time, a contract breach—even if intentional—does not violate N.C. Gen. Stat. § 75-1.1. A contract breach, however, can turn into a 75-1.1 violation if the breach is accompanied by “substantial aggravating circumstances.” We have looked before at the roots of the “substantial aggravating circumstances” doctrine. These origins show […]
How much is a per se theory under N.C. Gen. Stat. § 75-1.1 worth? According to a recent verdict in the U.S. District Court for the Eastern District of North Carolina, it’s worth 52.7 million dollars (plus, no doubt, a big claim for statutory attorney fees). The verdict occurred in SAS […]
In Bumpers v. Community Bank of Northern Virginia, the North Carolina Supreme Court held that when a plaintiff alleges a violation of N.C. Gen. Stat. § 75-1.1 based on a misrepresentation, the plaintiff must prove actual and reasonable reliance on the misrepresentation. A recent federal appellate decision addresses a significant […]