In cases under N.C. Gen. Stat. § 75-1.1, it’s important to distinguish arguments under Rule 12(b)(1) from arguments under Rule 12(b)(6). On a Rule 12(b)(6) motion to dismiss for failure to state a claim, a court generally must treat factual statements in complaints as true. In contrast, on a Rule 12(b)(1) […]
Last November, we posted on the putative class action that former UNC football player Michael McAdoo has filed against UNC in the U.S. District Court for the Middle District of North Carolina. In our post, we noted a number of the obstacles faced by McAdoo’s claim under N.C. Gen. Stat. […]
Today’s post involves the relationship between N.C. Gen. Stat. § 75-1.1 and amounts in controversy—especially the new amount in controversy in the statute that governs assigning cases to the North Carolina Business Court. Do treble damages under section 75-1.1 count toward these required amounts? Probably so. However, to answer the […]
Someday, you’ll have an issue under N.C. Gen. Stat. § 75-1.1 that needs in-depth research—perhaps comparisons to similar bodies of law in other jurisdictions. Diving straight into the hundreds of court decisions under section 75-1.1 and similar statutes might cause you to drown. What treatises would help you? The most […]