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 […]
One week from today, the North Carolina Servicemembers Civil Relief Act will go into effect. When it does, North Carolina will add a new per se theory of section 75-1.1 liability. The new law, which will be codified in Chapter 127B of the General Statutes (“Military Affairs”), serves two purposes. […]
Today’s post concerns a recent decision about the scope of N.C. Gen. Stat. § 7A-45.4, the statute that controls which cases the North Carolina Business Court can hear. This issue and the decision—called UNOX, Inc. v. Conway—are important for at least two reasons. For one, and stating the obvious, the […]
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 […]
