Section 75-1.1 claims involving out-of-state conduct frequently face significant hurdles. A claimant must show a substantial in-state injury for section 75-1.1 to apply. (See here and here.) Choice of law rules can also bar such claims. Today’s post examines two recent decisions (here and here) applying the choice-of-law rules governing […]
In this week’s post, we’re taking a trip across the country to see how a federal court in Utah applied section 75-1.1. We’ve previously written about how courts outside of North Carolina interpret section 75-1.1, like this one in California, or this one in Massachusetts. Last month, the U.S. District […]
Today’s post concerns another case involving multistate conduct. And, for reasons I’ll explain, it continues Alabama’s recent trend of flexing its muscles in Tennessee. The case, styled McLendon v. North Carolina Mutual Life Insurance Company, involves allegedly unfair insurance practices. The defendant insurer has its headquarters in North Carolina, but […]
If you represent a plaintiff in a claim for unfair trade practices, you want the court to get to the heart of your claim. You’ve got a fact pattern, after all, that shows that someone was mistreated. The story’s different for defense counsel. You might have a winning argument on the merits—what sounds unfair is […]
