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The lawyers at Ellis & Winters provide legal services to more than 30 members of the Fortune 500. With offices in Raleigh and Greensboro, the firm…
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Ellis & Winters LLP | USA | 30 Sep 2022

The Forbidden Fruit: North Carolina Court of Appeals Affirms Right to Earn a Living

In a time that the United States Supreme Court is poised to reduce, rather than maintain or expand, the scope of Civil Liberties protected by the…
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Ellis & Winters LLP | USA | 27 Sep 2022

U Can’t Touch This: The Limits on Section 75-1.1’s Reach to Out-of-State Conduct

Section 75-1.1 claims involving out-of-state conduct frequently face significant hurdles. A claimant must show a substantial in-state injury for…
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Ellis & Winters LLP | USA | 30 Aug 2022

Court Throws Cold Water on Residential Real Estate Exemption

Many years ago, I brought in my first case. The matter grew out of a residential real estate sale. I was a recent graduate. The lawyer for the other…
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Ellis & Winters LLP | USA | 17 Aug 2022

A Rule 23(f) Refresher.

A recent opinion from the Third Circuit, Laudato v. EQT Corporation, 23 F.4th 256 (3d Cir. 2022), provides a helpful refresher on the procedure for…
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Ellis & Winters LLP | USA | 10 Aug 2022

Proximate Cause Is Required on a Per Se Claim for Unfair or Deceptive Trade Practices: Taking a Flyer on a Philadelphia Policy

We have written previously about the interplay between our insurance laws and section 75-1.1, including the requirement that a plaintiff must show…
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Ellis & Winters LLP | USA | 2 Aug 2022

The Ninth Circuit’s “Tuna Case” Lets Uninjured Class Members Off the Hook at Certification but May Reel in the Supreme Court

Attorneys interested in class actions and antitrust law will read the Ninth Circuit’s recent opinion in the “tuna case”—Olean Wholesale Grocery…
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Ellis & Winters LLP | USA | 13 Jul 2022

Western District Pulls the Plug on Antitrust and Unfair Competition Claims against Duke Energy

In Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC, the U.S. District Court for the Western District of North Carolina granted summary judgment…
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Ellis & Winters LLP | USA | 23 Jun 2022

Fourth Circuit Holds Drivers Fall Short on Standing in Accident Report Privacy Claims

Traditional plaintiffs’ law firms found success as defendants in a recent Fourth Circuit case on the hotly contested issue of Article III standing in…
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Ellis & Winters LLP | USA | 27 May 2022

A Review of Fourth Circuit Class-Action Opinions of the Past Year

As the calendar approaches the middle of the year, it is a good time to review the Fourth Circuit’s recent class-action decisions—and there have been…
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Ellis & Winters LLP | USA | 16 May 2022

A Chicken in Every Pot: Brakebush Brothers Part II

Earlier this year, we wrote about two cases that considered whether an assignee of insurance proceeds could maintain a section 75-1.1 claim against…
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