Ellis & Winters LLP

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

Void-for-Vagueness Challenges to Section 75-1.1

This month’s Clark v. Toyota decision from the U.S. District Court for the Western District of North Carolina has a number of interesting features, as we noted in our last post. Today, we’ll look at another one of those…more
| Civil Procedure, Constitutional Law, Business Torts

Attorney Fees in 75-1.1 Cases and Unwarranted Refusals to Settle

A party who shows a violation of N.C. Gen. Stat. § 75-1.1 can sometimes recover attorney fees under N.C. Gen. Stat. § 75-16.1(1). Section 75-16.1(1), however, imposes two substantive conditions on such a fee award..…more
| Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts

Pharmaceutical Marketing and Unfair-Trade-Practices Claims

Lawsuits against pharmaceutical companies generally center on product-liability claims. A new trend in pharma cases, however, is to include a different kind of claim: a claim for unfair trade practices…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Business Torts, Science, Computers, & Technology

Mortgage Servicing and Unfair Trade Practices

When can mortgage servicing and related debt-collection activities violate N.C. Gen. Stat. § 75-1.1? Two recent cases provide some answers…more
| Civil Procedure, Finance & Banking, Consumer Protection, Business Torts, Real Estate - Residential

The American Bankruptcy Institute's Recommendations for Chapter 11 Reform

Last December, the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 released a 400-page report on recommended changes to Chapter 11 of the Bankruptcy Code. Originally published in the April…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking

More Developments on Section 75-1.1 and the Economic-Loss Rule

Our appetites, of course, are always whetted when section 75-1.1, the economic-loss rule, and the “substantial aggravating circumstances” doctrine intersect…more
| Civil Procedure, Commercial Law & Contracts, Business Torts

The UNC Former Student-Athletes’ Litigation: The Defense Enters the Field

We wrote last month about the lawsuit filed against the University of North Carolina and the NCAA by former UNC student-athletes Rashanda McCants and Devon Ramsey…more
| Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Education, Business Torts

Litigating Injury in a 75-1.1 Case: The 12(b)(1) vs. 12(b)(6) Distinction

In cases under N.C. Gen. Stat. § 75-1.1, it’s important to distinguish arguments under Rule 12(b)(1) from arguments under Rule 12(b)(6). On a Rule 12(b)(6) motion to dismiss for failure to state a claim, a court generally must…more
| Civil Procedure, Business Torts

Update on Athletes’ 75-1.1 Lawsuits Against UNC

Last November, we posted on the putative class action that former UNC football player Michael McAdoo has filed against UNC in the U.S. District Court for the Middle District of North Carolina…more
| Art, Entertainment, & Sports Law, Civil Procedure, Business Torts
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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
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  • Constitutional Law
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Other U.S. Locations
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Number of Attorneys

25-50 Attorneys

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