Courts almost always treat fraud claims as per se (automatic) violations of N.C. Gen. Stat. § 75-1.1. Does that mean that fraudulent transfers of assets, likewise, automatically support recovery under section 75-1.1? A recent decision of the North Carolina Business Court, KRG New Hill Place, LLC v. Springs Investors, LLC, allowed a […]
Next Monday, August 31, the North Carolina Supreme Court will hear arguments in an important business-versus-business case. Beverage Systems of the Carolinas v. Associated Beverage Repair (No. 316A14) includes two unsettled issues under N.C. Gen. Stat. § 75-1.1: Is tortious interference a per se (that is, automatic) violation of section […]
A federal court in North Carolina has held that certain claims under N.C. Gen. Stat. § 75-1.1 require especially detailed allegations. This groundbreaking decision will have major consequences for plaintiffs who pursue 75-1.1 claims in federal court—and for defendants who move to dismiss those claims. Last week, in Topshelf Management, […]
When a consumer sues a product manufacturer over an allegedly false advertisement, what must the consumer allege to state a claim that the advertisement is false? A recent decision by the U.S. Court of Appeals for the Fourth Circuit, In re GNC Corp., addresses this question. Glucosamine and Chondroitin The […]