A breach of contract alone does not violate N.C. Gen. Stat. § 75-1.1. If a breach is accompanied by “substantial aggravating circumstances,” however, the breach does violate section 75-1.1—and the plaintiff’s contract damages are multiplied by three. Despite these high stakes, courts have given almost no explicit guidance on what counts […]
One of our recent posts asked how causation works when a plaintiff pursues a false-advertising claim under N.C. Gen. Stat. § 75-1.1. A new decision from the U.S. District Court for the Middle District of North Carolina gives a partial answer to that question. The SMD verdict raises the causation issue […]
Summer is the time for movies about superheroes. Often, after a couple of episodes in a movie franchise come out, the producers make a film about the origins of the protagonist, so the audience can better understand the hero’s motivations and origins. Like a movie superhero, N.C. Gen. Stat. § […]
In yesterday’s post, we discussed the current standards that decide when section 75-1.1 applies to acts outside North Carolina. Those standards raise this question: Do overcharges on goods bought by North Carolina consumers qualify as a substantial in-state effect? Two recent decisions (both from the U.S. District Court for the […]