Ellis & Winters LLP

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

  • 919 865 7000
  • 919 865 7010

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
| Civil Procedure, Business Torts

Amended Complaints and Industry Standards

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 proving that the plaintiff business engages in the same allegedly unfair conduct?…more
| Civil Procedure, Business Torts, Intellectual Property

Readers Like Suspense—Just Not in the Introduction to Your Brief

I welcome evidence to the contrary, but I don’t think that most courts appreciate surprises in briefs. Courts have limited time; they want to use that time to make the right decisions. The sooner you can tell a court why you…more
| Civil Procedure

Reflections and Gratitude

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…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Communications & Media Law, Business Torts

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts, Science, Computers, & Technology

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

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

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
| Art, Entertainment, & Sports Law, Business Torts, Civil Procedure, Education

State Supreme Court’s Interpretation of FAA Sidesteps SCOTUS Court Review

The U.S. Supreme Court’s recent string of pro-arbitration decisions is well documented. In those decisions, the Court has not hesitated to admonish state courts for failing to follow the Federal Arbitration Act…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Distinguishing Standing and Injury in 75-1.1 Cases

A Minnesota judge was probably enjoying fond October baseball memories when he recently wrote a notable decision in a putative class action that involved kosher hot dogs. That decision, Wallace v. ConAgra, addresses the roles of…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Business Torts, Products Liability

An Embarrassment of Riches: North Carolina Law Review Features Two Articles on Section 75-1.1

The Chief Justice of the United States recently criticized modern law reviews with these memorable words: “Pick up a copy of any law review that you see. The first article is likely to be, you know, the influence of Immanuel…more
| Civil Procedure, Consumer Protection, Business Torts

The Pain Drain - The Continuing Impact of Pain Management on Health-Care Providers

Over a hundred million Americans suffer from chronic pain. To combat this epidemic, health-care providers have increasingly turned to opioid analgesics. As a result, opioid analgesic use has risen dramatically over the past…more
| Criminal Law, Personal Injury, Health, Products Liability, Science, Computers, & Technology

Breach of Contract and Section 75-1.1: The Beginning

A breach of contract alone does not violate N.C. Gen. Stat. § 75-1.1. If a breach is accompanied by “substantial aggravating circumstances,” however, the breach does violate section 75-1.1—and the plaintiff’s contract damages…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts

Red Does Not Mean Stop: Practical Tips for Improving the Accuracy of Your Legal Research

If you use Westlaw or LexisNexis for legal research, you are familiar with the red flag or the stop sign—frequently your first hint that a case has been overruled, reversed, or superseded. If you run a search that brings up a…more
| Law Practice Products & Services

A New Data Point on False Advertising, Causation, and Section 75-1.1

Earlier this year, in another false-advertising case, SMD Software, Inc. v. EMove, Inc., a plaintiff won a 1.7-million-dollar verdict based on section 75-1.1 alone. The jury instructions in that case did not specify what level…more
| Commercial Law & Contracts, Consumer Protection, Business Torts, Products Liability
Showing 1-15 of 40 Results
|
View per page
Page: of 3
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.