Ellis & Winters LLP

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

  • 919 865 7000
  • 919 865 7010

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are familiar with the red flag or the stop sign—frequently your first hint that a case has been overruled, reversed, or superseded.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

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 hero’s…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Consumer Protection

You Can Take It With You: Bringing An E-Discovery Case To Your New Firm

Congratulations: you have a new job with a new firm and your client with the “e-Discovery case” wants to come with you, the only “e-Discovery” expert lawyer that it trusts to represent it. But it may not be as simple as…more
| Electronic Discovery, Law Practice Products & Services

When Does Section 75-1.1 Reach Out-of-State Conduct? (Part II of a Two-Part Series)

In yesterday’s post, we discussed the current standards that decide when section 75-1.1 applies to acts outside North Carolina. Those standards raise this question: Do overcharges on goods bought by North Carolina…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection

When Does Section 75-1.1 Reach Out-of-State Conduct? (Part I of a two-part series)

Imagine that an out-of-state company causes an injury to someone in North Carolina, but does so only through acts outside North Carolina. Can the plaintiff use N.C. Gen. Stat. § 75-1.1 to seek treble damages and attorney fees?…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts

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
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Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Torts
  • Class Action
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  • Communications & Media Law
  • Constitutional Law
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  • Environmental Law
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  • Labor & Employment Law
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  • Products Liability
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Other U.S. Locations
  • North Carolina
Number of Attorneys

25-50 Attorneys

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