Ellis & Winters LLP

Specific and Manageable Ideas for Enhancing Legal Briefs

Writing is central to what we do, and I enjoy thinking about what makes writing effective. In this article, I raise several specific ideas for how to enhance legal writing. The ideas revolve around the notion of what I call…more
| Law Practice Products & Services

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 conduct…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Finance & Banking

Reliance, and Why No One Likes Shopping for Used Cars

If you’ve ever shopped for a used car, you’ve probably been asked to sign a document that defines your warranty rights. Sometimes a used-car seller might make no warranty at all, asking you to agree that you’re buying the car as…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

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
| Business Torts, Civil Procedure, Finance & Banking, Real Estate - Residential

The Year in Review

As 2015 comes to a close, we thank you, our readers, for your interest and support. When we started this blog, we sensed that businesses, judges, and lawyers had a watchful eye on N.C. Gen. Stat. § 75-1.1. Thank you for…more
| Business Torts, Civil Procedure, Constitutional Law

Pleading Reliance in Unfair-Trade-Practices Claims

Two years ago, the North Carolina Supreme Court held that a plaintiff who sues under N.C. Gen. Stat. § 75-1.1 based on a misrepresentation must show actual and reasonable reliance on the misrepresentation…more
| Antitrust & Trade Regulation, Civil Procedure, Construction Law

New Amendments to the Federal Rules of Civil Procedure Go Into Effect Today

The United States Supreme Court issued an order in April adopting new amendments to the Federal Rules of Civil Procedure. Under the Court’s Order, these rules take effect today, December 1, 2015, and “shall govern in all…more
| Civil Procedure

Federal Opinion Lays Out Categories of Unfair-Trade-Practice Claims

That five-category structure has now appeared in a judicial opinion for the first time, thanks to a recent opinion from Judge Louise Flanagan of the U.S. District Court for the Eastern District of North Carolina…more
| Business Torts, Civil Procedure, Products Liability

Can Contract Ambiguity Cause Liability for Unfair Trade Practices?

Most of the time, a contract breach—even if intentional—does not violate N.C. Gen. Stat. § 75-1.1. A contract breach, however, can turn into a 75-1.1 violation if the breach is accompanied by “substantial aggravating…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Consumer Protection, Real Estate - Residential

Arbitration: A Comparison of the Pros and Cons

The Federal Rules of Civil Procedure were designed to “secure a just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. Yet with the previously “accepted rule that a complaint should not…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Major Verdict Shows the Power of Per Se Theories

How much is a per se theory under N.C. Gen. Stat. § 75-1.1 worth? According to a recent verdict in the U.S. District Court for the Eastern District of North Carolina, it’s worth 52.7 million dollars (plus, no doubt, a big claim…more
| Business Torts, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Class Certification, Unfair Trade Practices, and Governing Standards

In Bumpers v. Community Bank of Northern Virginia, the North Carolina Supreme Court held that when a plaintiff alleges a violation of N.C. Gen. Stat. § 75-1.1 based on a misrepresentation, the plaintiff must prove actual and…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection

The North Carolina Employee Fair Classification Act

During the 2015 legislative session, North Carolina devoted a great deal of attention to the employment classifications of independent contractors. After working its way through several revisions in the House and Senate, The…more
| Elections & Politics, Labor & Employment Law

Unfair-Practices Claim About NFL Star Faces Fourth and Long

We have talked before about the intersection of sports and allegedly unfair trade practices. We do so again today, focusing on NFL Pro Bowl defensive end Robert Quinn. Quinn played college football at UNC and now plays for…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Commercial Law & Contracts

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
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use
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Contact

4131 Parklake Avenue Suite 400
Raleigh, NC 27612, United States

  • 919 865 7000
  • 919 865 7010

Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Toxic Torts
See more
Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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