Today’s post involves the relationship between N.C. Gen. Stat. § 75-1.1 and amounts in controversy—especially the new amount in controversy in the statute that governs assigning cases to the North Carolina Business Court. Do treble damages under section 75-1.1 count toward these required amounts? Probably so. However, to answer the […]
Someday, you’ll have an issue under N.C. Gen. Stat. § 75-1.1 that needs in-depth research—perhaps comparisons to similar bodies of law in other jurisdictions. Diving straight into the hundreds of court decisions under section 75-1.1 and similar statutes might cause you to drown. What treatises would help you? The most […]
When one of my children misbehaves, I often hear a variation on this response: “But [sibling] does the same thing! And so do [named friends]!” Can a party who is accused of an unfair trade practice raise the same defense? That is, can a business avoid section 75-1.1 liability by […]
We started this blog about eight months ago. We did so because of the prevalence of section 75-1.1 claims in North Carolina business disputes. Indeed, it’s the unusual business dispute in North Carolina that does not include a 75-1.1 claim or counterclaim. For two reasons, the frequency of these claims […]