When is a HAJMM sandwich not a ham sandwich? Does a burger with a slice of ham on top qualify? What about a breakfast biscuit with ham and eggs? Like the outcry against ham and pineapple on pizza, our courts have put forth several reasons why a case involving securities […]
Imagine yourself combing the aisles of the local Trader Joe’s with your brood in tow. You are minding your own beeswax when, above the drone of swarming shoppers, you hear a buzz about a new product: “100% New Zealand Manuka Honey.” As you grab a jar off the shelf, what […]
Two years ago, I left Ellis & Winters to spend a few years as in-house counsel at a financial institution. Before I left, I wrote several times about the uncertainty surrounding the economic-loss rule and section 75-1.1 (here, here, here, and here). While I was away, my colleagues continued to […]
A claim under N.C. Gen. Stat. § 75-1.1 can sometimes trigger a constitutional challenge. A defendant might argue that an unfairness claim under section 75-1.1 is unconstitutionally vague, or that applying section 75-1.1 extraterritorially violates the Dormant Commerce Clause. Or a defendant might argue that the claim concerns conduct protected by […]