Ellis & Winters LLP

Treble-Damage Awards as Penalties

Plaintiffs who prove violations of N.C. Gen. Stat. § 75-1.1 are automatically entitled to treble damages under N.C. Gen. Stat. § 75-16. The automatic trebling of damages for 75-1.1 claims often leads to substantial verdicts and…more
| Civil Procedure, Insurance

Contracts and Unfair Trade Practices, Redux

A recent decision by the North Carolina Business Court underscores the challenges faced by a party who tries to convert a breach of contract into a violation of N.C. Gen. Stat. § 75-1.1. A breach of contract alone, even if…more
| Art, Entertainment, & Sports Law, Business Organizations, Civil Procedure, Commercial Law & Contracts

Debt Collection and Unfair Trade Practices

Today we return to the vexing relationship between N.C. Gen. Stat. § 75-1.1 and the North Carolina Debt Collection Practices Act. The Debt Collection Act says that its “specific and general provisions . . . shall exclusively…more
| Antitrust & Trade Regulation, Civil Procedure, Finance & Banking, Real Estate - Residential

The Appellate Rules Trump Statutory Jurisdiction in State v. Biddix

The jurisdiction of the North Carolina Court of Appeals is determined by statute. See N.C. Const. art. IV, § 12(2). But the practice and procedure of appellate jurisdiction is determined by the North Carolina Rules of Appellate…more
| Conflict of Laws, Criminal Law

Can Resolving a Legal Claim Be an Unfair Trade Practice?

A recent federal decision considers how N.C. Gen. Stat. § 75-1.1 applies when a plaintiff attacks the resolution of a legal claim. The decision might create a new categorical limit on direct-unfairness claims under section…more
| Civil Procedure, Insurance

A Guaranteed Defense: An Overview of the North Carolina Supreme Court’s Decision in High Point Bank & Trust Co. v. Highmark Properties, LLC

Until recently, a common question that arose during foreclosure deficiency actions was whether a guarantor on a loan could raise the anti-deficiency defense set forth in section N.C.G.S. § 45–21.36. This past fall, the North…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Consumer Fraud, Unfair Trade Practices, and Internet Purchases

If you buy a product through a website, and then the product doesn’t live up to its promises, can you sue the manufacturer for violating N.C. Gen. Stat. § 75-1.1? A recent decision by the federal court in Boston highlights…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Consumer Protection

The Employment Exemption and Its Temporal Scope

Generally, N.C. Gen. Stat. § 75-1.1 does not apply to employer-employee disputes. Most courts have held that these disputes fail the “in or affecting commerce” test under the statute. In a recent decision, however, the U.S…more
| Business Torts, Civil Procedure, Labor & Employment Law

Specific and Manageable Ideas for Enhancing Legal Briefs

Writing is central to what we do, and I enjoy thinking about what makes writing effective. In this article, I raise several specific ideas for how to enhance legal writing. The ideas revolve around the notion of what I call…more
| Law Practice Products & Services

Do Treble Damages Mean Treble Rescission?

North Carolina law awards treble damages for violations of N.C. Gen. Stat. § 75-1.1 “if damages are assessed.” A recent Fourth Circuit decision asks this question: If a plaintiff seeks rescission, and if the defendant’s conduct…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Finance & Banking

Reliance, and Why No One Likes Shopping for Used Cars

If you’ve ever shopped for a used car, you’ve probably been asked to sign a document that defines your warranty rights. Sometimes a used-car seller might make no warranty at all, asking you to agree that you’re buying the car as…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

The North Carolina Supreme Court Weighs in Again on Reliance

We begin 2016 by studying a new decision on a familiar issue: the degree of reliance required in a claim under N.C. Gen. Stat. § 75-1.1. North Carolina law now holds that a plaintiff who makes a 75-1.1 claim based on a…more
| Business Torts, Civil Procedure, Finance & Banking, Real Estate - Residential

The Year in Review

As 2015 comes to a close, we thank you, our readers, for your interest and support. When we started this blog, we sensed that businesses, judges, and lawyers had a watchful eye on N.C. Gen. Stat. § 75-1.1. Thank you for…more
| Business Torts, Civil Procedure, Constitutional Law

Pleading Reliance in Unfair-Trade-Practices Claims

Two years ago, the North Carolina Supreme Court held that a plaintiff who sues under N.C. Gen. Stat. § 75-1.1 based on a misrepresentation must show actual and reasonable reliance on the misrepresentation…more
| Antitrust & Trade Regulation, Civil Procedure, Construction Law

New Amendments to the Federal Rules of Civil Procedure Go Into Effect Today

The United States Supreme Court issued an order in April adopting new amendments to the Federal Rules of Civil Procedure. Under the Court’s Order, these rules take effect today, December 1, 2015, and “shall govern in all…more
| Civil Procedure
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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
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  • Commercial Law & Contracts
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  • Constitutional Law
  • Construction Law
  • Criminal Law
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  • Finance & Banking
  • Insurance
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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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