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 […]
The North Carolina Business Court has recognized a new type of claim: a claim for failing to negotiate in good faith. Raising the stakes further, the court has held that failing to negotiate in good faith could lead to treble damages under N.C. Gen. Stat. § 75-1.1. The Business Court’s […]
This month’s Clark v. Toyota decision from the U.S. District Court for the Western District of North Carolina has a number of interesting features, as we noted in our last post. Today, we’ll look at another one of those features: the court’s groundbreaking decision that an unfairness claim under N.C. Gen. […]
A party who shows a violation of N.C. Gen. Stat. § 75-1.1 can sometimes recover attorney fees under N.C. Gen. Stat. § 75-16.1(1). Section 75-16.1(1), however, imposes two substantive conditions on such a fee award: The party charged with the 75-1.1 violation must have “willfully engaged” in the conduct that constituted […]