The economic-loss rule says that a contract dispute generally does not state a tort claim. The concern is that if a plaintiff could recover tort damages, that outcome would disregard the expectations reflected in the parties’ contract. The rule comes up most often when plaintiffs seek to recover only the […]
Today, the North Carolina Supreme Court issued opinions and rulings on petitions. Readers of this blog will find at least one of the opinions and one of the petition rulings interesting. First, in Dallaire v. Bank of America, the Supreme Court held that “[o]rdinary borrower-lender transactions . . . do not […]
Under North Carolina law, insurers may not engage in certain prohibited practices. Chapter 58 of the North Carolina General Statutes enumerates these practices. There is no private right of action under these parts of chapter 58 themselves. Even so, a number of court decisions hold that the acts barred by […]
N.C. Gen. Stat. § 75-1.1 prohibits several different clusters of conduct. Thus, whether you’re bringing a 75-1.1 claim or defending against one, it’s crucial to identify, at the outset, what kind of 75-1.1 claim you’re dealing with. You may ask yourself, why do these categories matter? (Apologies to David Byrne.) […]