Ellis & Winters

As 2016 comes to a close, we again thank you, our readers, for your continued interest, support, and ideas. Decisions from the past year have confirmed the powerful role that N.C. Gen. Stat. § 75-1.1 plays in North Carolina business litigation.

The past year featured an array of notable developments:

• We looked at how one court defined the limits of the employment exemption under section 75-1.1.

• A potential split might be emerging on whether efforts to resolve potential litigation can support a section 75-1.1 claim.

• The North Carolina Business Court issued a decision that analyzed how an alleged violation of section 75-1.1 interacts with an alleged violation of the antitrust laws.

• A new decision allowed a plaintiff to pursue a section 75-1.1 claim for “overcharging,” despite the North Carolina Supreme Court’s decision in Bumpers v. Community Bank of Northern Virginia.

• A decision by a federal court in New York showed why choice-of-law rules can play a pivotal role in deciding whether section 75-1.1 can apply—even when a lawsuit involves a contract that is not governed by North Carolina law.

• Most recently, a court allowed a lender to pursue a section 75-1.1 claim against a borrower—the opposite of the fact pattern usually found in section 75-1.1 litigation about lending.

You can find all of our posts from the past year (indeed, our 72 posts since the beginning of this blog) at this link.

We look forward to covering the coming year’s developments under section
75-1.1. As always, we invite your ideas on topics that we should address.

Best wishes for a happy and prosperous new year.

Author: Stephen Feldman