Ellis & Winters

As 2015 comes to a close, we thank you, our readers, for your interest and support. When we started this blog, we sensed that businesses, judges, and lawyers had a watchful eye on N.C. Gen. Stat. § 75-1.1. Thank you for verifying that idea through your readership.

This year, the law under section 75-1.1 has developed in important ways:

• For the first time in nearly thirty years, a court addressed, then rejected, the argument that section 75-1.1 is unconstitutionally vague.

• The same decision stated guideposts for what constitutes an unwarranted refusal to settle—one of the standards governing attorney-fee awards based on violations of section 75-1.1.

• Federal courts issued notable decisions about the standards for pleading a misrepresentation-based section 75-1.1 claim. One court held that that type of claim must be pleaded with particularity. Another court held that the reasonableness of a party’s reliance on a misrepresentation must be plausibly alleged if a complaint is to survive a motion to dismiss.

• Courts analyzed how section 75-1.1 applies to college sports, pharmaceutical marketing, and mortgage servicing.

• The North Carolina Business Court held that a failure to negotiate in good faith can violate section 75-1.1.

You can find all of our posts from the past year (and from our blog’s inception) at this link.

In 2016, we look forward to another year of developments under section 75-1.1. As always, we invite your ideas on developments and topics that we should address.

Best wishes for a happy and prosperous new year.

Author: Stephen Feldman