Ellis & Winters LLP

1100 Crescent Green Drive Suite 200
Cary, NC 27518, United States

  • 919 865 7000
  • 919 865 7010

False Advertising, Section 75-1.1, and A Seven-Figure Verdict

In a recent federal case, section 75-1.1 made the difference between the plaintiff recovering nothing and recovering almost two million dollars. This outcome underscores two key features of section 75-1.1..…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Personal Injury, Science, Computers, & Technology

Warning from the U.S. Supreme Court: In Contracts, Preselect Your Forum Carefully

When litigation actually ensues, however, a party might regret agreeing to the forum in the clause. Imagine if that litigant files suit in a different forum. Can the other party enforce the clause and move the case to the proper…more
| Civil Procedure, Commercial Law & Contracts

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 the…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential

Does the Economic-Loss Rule Bar Claims Under Section 75-1.1?

The economic-loss rule says that a contract dispute generally does not state a tort claim. The concern is that if a plaintiff could recover tort damages, that outcome would disregard the expectations reflected in the parties’…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts, Products Liability

Two N.C. Supreme Court Rulings in the Neighborhood

Today, the North Carolina Supreme Court issued opinions and rulings on petitions. Readers of this blog will find at least one of the opinions and one of the petition rulings interesting…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts

Can a Settlement Offer by an Insurer Lead to Treble Damages?

Under North Carolina law, insurers may not engage in certain prohibited practices. Chapter 58 of the North Carolina General Statutes enumerates these practices…more
| Civil Procedure, Civil Remedies, Personal Injury, Insurance

The Law Of Unfair Trade Practices

“The ACC” stands for more than a sports league. It’s also the Association of Corporate Counsel. In February of this year, I gave a talk to the RTP Chapter of the organization on the law of unfair trade practices. The talk…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Business Torts

Business Court Judges Explain Section 75-1.1

In my research for this blog, I recently found a June 2006 presentation on section 75-1.1 by Judges Al Diaz and John Jolly. This presentation occurred when Judge Diaz and Judge Jolly were serving together on the North Carolina…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts

Advanced Topics Under Section 75-1.1

Last year, I spoke on section 75-1.1 at a CLE program sponsored by the Antitrust and Complex Business Disputes Section of the North Carolina Bar Association. In the presentation, I addressed three perennially unsettled…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Business Torts

The Bumpers Decision

Last fall, the North Carolina Supreme Court issued a major decision, Bumpers v. Community Bank of Northern Virginia, 747 S.E.2d 220 (N.C. 2013), that helps to define the elements of a claim under section 75-1.1. The court held…more
| Civil Procedure, Business Torts

What Does Section 75-1.1 Prohibit?

N.C. Gen. Stat. § 75-1.1 prohibits several different clusters of conduct. Thus, whether you’re bringing a 75-1.1 claim or defending against one, it’s crucial to identify, at the outset, what kind of 75-1.1 claim you’re dealing…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Business Torts

Plus-Sized e-Discovery for Medium-Sized Firms

In cases involving large amounts of electronically stored information (ESI), those of us at mid-sized or smaller firms may sometimes feel a little out-gunned when the requests for production and documents start flying. While…more
| Civil Procedure, Electronic Discovery

Clear Writing Through Purposeful Sentences

Clear writing makes winning more likely. Why? Consider our courts’ workloads. A federal district court judge, on average, annually handles over five hundred filings. The federal appellate courts annually receive…more
| Law Practice Products & Services

Can Remainder Beneficiaries of a Revocable Trust Sue for a Breach of Fiduciary Duty That Occurred During the Settlor’s Lifetime?

Imagine the following scenario: The trustee of a revocable trust dissipates a substantial amount of trust assets to buy men’s basketball season tickets at the Dean E. Smith Center. The settlor does not follow college basketball…more
| Business Torts, Civil Procedure, Wills, Trusts, & Estate Planning

What to Do When Your Client’s COO Becomes Your Competitor’s BFF

One of your most important clients just called. She reports that one of her senior sales people quit a few months ago, and she just learned that the sales person has joined a large competitor. Panicking, your client wants to…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Intellectual Property
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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
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Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys

25-50 Attorneys

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