When one of my children misbehaves, I often hear a variation on this response: “But [sibling] does the same thing! And so do [named friends]!” Can a party who is accused of an unfair trade practice raise the same defense? That is, can a business avoid section 75-1.1 liability by […]
We started this blog about eight months ago. We did so because of the prevalence of section 75-1.1 claims in North Carolina business disputes. Indeed, it’s the unusual business dispute in North Carolina that does not include a 75-1.1 claim or counterclaim. For two reasons, the frequency of these claims […]
We have written before about the “aggravated breach of contract” theory under N.C. Gen. Stat. § 75-1.1. This theory can make a breach of contract a springboard to treble damages. Most decisions on this theory leave a key question unanswered: When a plaintiff wins on an aggravated-breach theory, which damages […]
In yesterday’s post, we discussed when a lender’s failure to comply with guidelines under the federal Home Affordable Mortgage Program (HAMP) might violate N.C. Gen. Stat. § 75-1.1 as well. We analyzed a very recent federal decision, Campbell v. CitiMortgage, that refused to dismiss this type of 75-1.1 claim. Several […]