Ellis & Winters LLP

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

The Employee Fair Classification Act

In August 2015, the North Carolina House of Representatives sent a bill to the Senate that would create an oversight board for employee classification. See H.B. 482. The Employee Fair Classification Act could significantly…more
| Labor & Employment Law, Taxation

When Is a Breach of a Covenant Not to Compete Also Unfair or Deceptive?

Next Monday, August 31, the North Carolina Supreme Court will hear arguments in an important business-versus-business case. Beverage Systems of the Carolinas v. Associated Beverage Repair (No. 316A14) includes two unsettled…more
| Business Organizations, Business Torts, Civil Procedure, Commercial Law & Contracts

Claims for Deceptive Practices Must Now Be Alleged in Detail (at Least in Federal Court)

A federal court in North Carolina has held that certain claims under N.C. Gen. Stat. § 75-1.1 require especially detailed allegations. This groundbreaking decision will have major consequences for plaintiffs who pursue 75-1.1…more
| Business Torts, Civil Procedure

The Meaning of Falsity in Misrepresentation Cases

When a consumer sues a product manufacturer over an allegedly false advertisement, what must the consumer allege to state a claim that the advertisement is false?…more
| Communications & Media Law, Science, Computers, & Technology

The Supreme Court Addresses Scope of Section 11 Liability for Statements of Opinion

As the Supreme Court recently explained in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S. Ct. 1318 (2015), that distinction is significant when it comes to liability under Section 11 of…more
| Civil Procedure, Commercial Law & Contracts, Health, Science, Computers, & Technology, Securities Law

Standing in the Shoes or Freeing Evil Zombies? The Public Policy of Applying the In Pari Delicto Defense to Actions Brought by a Receiver

In pari delicto is an equitable defense asserted when a defendant claims that a plaintiff is equally at fault for the wrong that has befallen him. The doctrine is “rooted in the common-law notion that a plaintiff’s recovery may…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Insurance

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
| Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential
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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
Other U.S. Locations
  • North Carolina
Number of Attorneys

25-50 Attorneys

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