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 […]
When can mortgage servicing and related debt-collection activities violate N.C. Gen. Stat. § 75-1.1? Two recent cases provide some answers. PLS Investments v. Ocwen Loan Servicing In PLS Investments, a 75-1.1 claim that attacked foreclosure efforts survived a motion to dismiss. In that case, a homeowner alleged that a mortgage servicer falsely […]
As we’ve noted before, many 75-1.1 cases involve food products. Our appetites, of course, are always whetted when section 75-1.1, the economic-loss rule, and the “substantial aggravating circumstances” doctrine intersect. We observed this intersection in a group of recent decisions by the U.S. District Court for the Eastern District of […]
