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 […]
In most lending-related cases under N.C. Gen. Stat. § 75-1.1, a borrower sues a lender. Borrowers often pursue these claims to resist their repayment obligations or to seek leverage against foreclosure. Makadia v. Continental Waste Management departs from this pattern. In Makadia, it was a lender who sued a borrower […]
Can a contractual choice of law disable N.C. Gen. Stat. § 75-1.1? Yes, according to a recent decision from a federal court in New York. In Canon U.S.A., Inc. v. Cavin’s Business Solutions, Inc., a business filed a 75-1.1 claim against a North Carolina defendant. The claim centered on a […]
Courts often opine on the relationship between N.C. Gen. Stat. § 75-1.1 and other bodies of law. In a recent case, a federal court announced a rare holding of that type: a holding that another body of law regulates an area so pervasively that applying section 75-1.1 is impossible. A […]