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What's Fair? Blog

Articles: 1-10 of 86

Wire-Transfer Phishing in Recent Section 75-1.1 Case Follows a Familiar Fact Pattern

USA - February 9 2021 If you aren’t losing sleep over malicious phishing schemes and other cybercrimes, you should be. According to the FBI, one type of cybercrime in…

Putting the “Fare” in Unfair and Deceptive Trade Practices; How a Forcible Self-Help Eviction Could Lead to Treble Damages and Attorneys’ Fees.

USA - September 8 2020 If you scan the categories of posts on this blog, then you probably know that N.C. Gen. Stat. § 75-1.1 covers a broad range of behaviors. One uncommon…

In a Contract Case, Stick to Contract-Based Claims

USA - September 1 2020 We’ve written often about two recurring issues in contract disputes that limit a party’s ability to bring a section 75-1.1 claim: the economic-loss…

Read Before Signing

USA - January 28 2020 A recent per curiam opinion from the Fourth Circuit reminds us that…

Broad Street Insurance Bullies

USA - January 14 2020 North Carolina’s insurance laws include an entire article on “Unfair Trade Practices.” One section in that article defines what conduct in the…

When tiptoeing around the securities exemption to North Carolina’s Unfair and Deceptive Trade Practices Act, take each step carefully

USA - November 12 2019 North Carolina law prohibits unfair and deceptive trade practices, but not if those practices concern secu…

Roll Tide: Why Alabama’s Interests Caused a Tennessee Court to Dismiss a Claim for Unfair Trade Practices against a North Carolina Defendant

USA - October 8 2019 Today’s post concerns another case involving multistate conduct. And, for reasons we’ll explain, it continues Alabama’s recent trend of flexing its…

The North Carolina Servicemembers Civil Relief Act: A New Basis for Per Se Liability

USA - September 24 2019 One week from today, the North Carolina Servicemembers Civil Relief Act will go into effect. When it does, North Carolina will add a new per se…

In Departing-Employee Litigation, Can a Claim for Unfair Trade Practices Bring the Case to the Business Court?

USA - September 10 2019 Today’s post concerns a recent decision about the scope of N.C. Gen. Stat. § 7A-45.4, the statute that controls which cases the North Carolina…

When Defending a Claim for Unfair Trade Practices, Procedural Weapons Can Provide the First Line of Defense

USA - August 27 2019 If you represent a plaintiff in a claim for unfair trade practices, you want the court to get to the heart of your claim. You’ve got a fact pattern…