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 […]
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 […]
