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 […]
Lawsuits against pharmaceutical companies generally center on product-liability claims. A new trend in pharma cases, however, is to include a different kind of claim: a claim for unfair trade practices. A recent decision from the South Carolina Supreme Court addresses unfair-trade-practices claims against a pharma company. In State ex rel. Wilson […]