As 2015 comes to a close, we thank you, our readers, for your interest and support. When we started this blog, we sensed that businesses, judges, and lawyers had a watchful eye on N.C. Gen. Stat. § 75-1.1. Thank you for verifying that idea through your readership. This year, the […]
Two years ago, the North Carolina Supreme Court held that a plaintiff who sues under N.C. Gen. Stat. § 75-1.1 based on a misrepresentation must show actual and reasonable reliance on the misrepresentation. Courts often say that the reasonableness of reliance is a question of fact. A recent decision from […]
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 […]