George Sanderson III

George Sanderson III

Ellis & Winters LLP

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Can a Third Party Sue an Insurer for Unfair Trade Practices?

Can a third party use N.C. Gen. Stat. § 75-1.1 to sue an insurer based on an insured’s misdeeds? A recent decision by the North Carolina Business Court answers with a qualified “no.” North Carolina law has usually barred...more

8/9/2016 - Breach of Duty Fiduciary Duty Section 75-1.1 Third-Party Unfair or Deceptive Trade Practices

Bankruptcy Court Rejects Unfair-Practices Claim Against Insurer Accused of Aiding and Abetting Conversion of Trust Funds

A recent decision reminds us that North Carolina’s bankruptcy courts often rule on claims under N.C. Gen. Stat. § 75-1.1. In re NC & VA Warranty Co. was an adversary proceeding in the bankruptcy of a warranty company....more

7/26/2016 - Aiding and Abetting Bankruptcy Court Breach of Contract Breach of Duty Fiduciary Duty Section 75-1.1 Trust Funds Unfair or Deceptive Trade Practices

Can Failing Antitrust Claims Be Repackaged as Unfair Methods of Competition? The North Carolina Business Court Answers No

Although courts sometimes describe N.C. Gen. Stat. § 75-1.1 as an outgrowth of antitrust law, most 75-1.1 claims do not arise from antitrust fact patterns. SiteLink Software, LLC v. Red Nova Labs, Inc. is an exception....more

6/28/2016 - Anti-Competitive License Agreements Section 75-1.1 Unfair or Deceptive Trade Practices

Treble-Damage Awards as Penalties

Plaintiffs who prove violations of N.C. Gen. Stat. § 75-1.1 are automatically entitled to treble damages under N.C. Gen. Stat. § 75-16. The automatic trebling of damages for 75-1.1 claims often leads to substantial verdicts...more

5/24/2016 - Allstate Bad Faith Breach of Contract Flood Insurance Section 75-1.1 Treble Damages

Debt Collection and Unfair Trade Practices

Today we return to the vexing relationship between N.C. Gen. Stat. § 75-1.1 and the North Carolina Debt Collection Practices Act. The Debt Collection Act says that its “specific and general provisions . . . shall exclusively...more

4/12/2016 - Debt Collection Debtors Foreclosure Section 75-1.1 Unfair or Deceptive Trade Practices Wells Fargo

Can Resolving a Legal Claim Be an Unfair Trade Practice?

A recent federal decision considers how N.C. Gen. Stat. § 75-1.1 applies when a plaintiff attacks the resolution of a legal claim. The decision might create a new categorical limit on direct-unfairness claims under section...more

3/22/2016 - Beneficiaries Breach of Contract Declaratory Judgments Life Insurance Section 75-1.1 State Farm Unfair or Deceptive Trade Practices

A Guaranteed Defense: An Overview of the North Carolina Supreme Court’s Decision in High Point Bank & Trust Co. v. Highmark...

Until recently, a common question that arose during foreclosure deficiency actions was whether a guarantor on a loan could raise the anti-deficiency defense set forth in section N.C.G.S. § 45–21.36. This past fall, the North...more

3/9/2016 - Anti-Deficiency Provisions Borrowers Foreclosure Guarantors Highmark Lenders Mortgages NC Supreme Court Summary Judgment

Do Treble Damages Mean Treble Rescission?

North Carolina law awards treble damages for violations of N.C. Gen. Stat. § 75-1.1 “if damages are assessed.” A recent Fourth Circuit decision asks this question: If a plaintiff seeks rescission, and if the defendant’s...more

2/9/2016 - Breach of Contract Construction Loans Fraud Rescission Section 75-1.1 Treble Damages

The North Carolina Supreme Court Weighs in Again on Reliance

We begin 2016 by studying a new decision on a familiar issue: the degree of reliance required in a claim under N.C. Gen. Stat. § 75-1.1. North Carolina law now holds that a plaintiff who makes a 75-1.1 claim based on a...more

1/12/2016 - Appraisal Banks Duty to Disclose Fraud Misrepresentation NC Supreme Court Real Estate Development Reasonable Reliance Claims Section 75-1.1 Unfair or Deceptive Trade Practices

Are All Fraudulent Transfers Unfair or Deceptive Acts?

Courts almost always treat fraud claims as per se (automatic) violations of N.C. Gen. Stat. § 75-1.1. Does that mean that fraudulent transfers of assets, likewise, automatically support recovery under section 75-1.1?...more

9/9/2015 - Contract Disputes Creditors Cross Motions Development Agreements Fraud Fraudulent Transfers Real Estate Development Real Estate Transfers Unfair or Deceptive Trade Practices

Unfinished Negotiations Might Generate Treble Damages

The North Carolina Business Court has recognized a new type of claim: a claim for failing to negotiate in good faith. Raising the stakes further, the court has held that failing to negotiate in good faith could lead to treble...more

7/15/2015 - Assignments Breach of Duty Business Court Covenant of Good Faith and Fair Dealing Debt Restructuring Fiduciary Duty Lenders Loan Agreements Loans Real Estate Development Section 75-1.1 Settlement Negotiations Unfair or Deceptive Trade Practices

Mortgage Servicing and Unfair Trade Practices

When can mortgage servicing and related debt-collection activities violate N.C. Gen. Stat. § 75-1.1? Two recent cases provide some answers....more

5/12/2015 - Debt Collection Foreclosure Mortgage Lenders Mortgage Servicers Section 75-1.1 Unfair or Deceptive Trade Practices

The American Bankruptcy Institute's Recommendations for Chapter 11 Reform

Last December, the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 released a 400-page report on recommended changes to Chapter 11 of the Bankruptcy Code. Originally published in the April...more

5/5/2015 - American Bankruptcy Institute Bankruptcy Code Bankruptcy Reform Chapter 11

Litigating Injury in a 75-1.1 Case: The 12(b)(1) vs. 12(b)(6) Distinction

In cases under N.C. Gen. Stat. § 75-1.1, it’s important to distinguish arguments under Rule 12(b)(1) from arguments under Rule 12(b)(6). On a Rule 12(b)(6) motion to dismiss for failure to state a claim, a court generally...more

3/25/2015 - Federal Rule 12(b)(6) Government Contractors Municipalities Section 75-1.1 Statement of Facts Taxi Cabs

Do Treble Damages Count Toward Minimum Amounts In Controversy?

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....more

2/25/2015 - Amount in Controversy Calculation of Damages Treble Damages

Section 75-1.1 and Out-of-State Injuries Based on In-State Conduct

In earlier posts, we have discussed the two-part test that courts use to assess whether section 75-1.1 applies to out-of-state conduct. First, the plaintiff must suffer an injury in North Carolina....more

1/28/2015 - Business Litigation Jurisdiction Section 75-1.1

Damages in “Aggravated Breach” Cases

We have written before about the “aggravated breach of contract” theory under N.C. Gen. Stat. § 75-1.1. This theory can make a breach of contract a springboard to treble damages....more

12/10/2014 - Aggravated Damages Breach of Contract Damages Distributors GlaxoSmithKline Pharmaceutical Industry Prescription Drugs

HAMP and Section 75-1.1, Part 2

In yesterday’s post, we discussed when a lender’s failure to comply with guidelines under the federal Home Affordable Mortgage Program (HAMP) might violate N.C. Gen. Stat. § 75-1.1 as well. We analyzed a very recent federal...more

11/26/2014 - Citigroup Foreclosure HAMP Loan Modifications Misrepresentation Mortgages Preliminary Injunctions Section 75-1.1

HAMP and Section 75-1.1, Part 1

In a recent article, Matt Sawchak explained per se violations of section 75-1.1. When courts recognize a per se violation of section 75-1.1, they are saying that violating a separate source of law—a separate statute, a...more

11/25/2014 - Citigroup Foreclosure HAMP Loan Modifications Private Right of Action Section 75-1.1

Section 75-1.1 Stars in New Putative Class Action Against UNC

Last Thursday, former UNC football player Michael McAdoo filed a putative class action against UNC-Chapel Hill. This federal complaint has already received extensive publicity. The publicity, though, has overlooked the...more

11/11/2014

The Origins of N.C. Gen. Stat. § 75-1.1

Summer is the time for movies about superheroes. Often, after a couple of episodes in a movie franchise come out, the producers make a film about the origins of the protagonist, so the audience can better understand the...more

8/27/2014 - Antitrust Provisions Legislative History

Section 75-1.1 and Mortgage Servicing: Lessons From a Federal Bankruptcy Court in New York

Claims under N.C. Gen. Stat. § 75-1.1 can turn up in unexpected places—including a bankruptcy court in Manhattan. Recently, a section 75-1.1 claim made its way from Hyde County, North Carolina, to the Big Apple, courtesy of...more

7/8/2014 - Consumer Bankruptcy Mortgages RESPA Truth in Lending Act (TILA)

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