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Ellis & Winters LLP logo
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…
Article

Ellis & Winters LLP | USA | 8 Jun 2021

Similar Theories Lead to Different Results (Including a $31.9 Million Judgment), Illustrating the Importance of Categorizing Section 75-1.1 Claims

As we’ve previously explained, section 75-1.1 claims for unfair or deceptive trade practices typically fall into five discrete categories…
Article

Ellis & Winters LLP | USA | 19 May 2021

A Classic Car Leads to a Classic Unfair and Deceptive Trade Practices Claim

Is a 1966 Mustang a “classic car?” Was that the vintage that Steve McQueen drove in Bullitt? (No.) Can you get special insurance for such a vehicle…
Article

Ellis & Winters LLP | USA | 29 Apr 2021

The State of the Circuit Split on the Applicability of Daubert at Class Certification

In Prantil v. Arkema, the Fifth Circuit joined three other Circuits in holding that scientific evidence offered in relation to certification of a…
Article

Ellis & Winters LLP | USA | 6 Apr 2021

Out of this World: One Employee’s Section 75-1.1 Claim Against His Former Employer

A section 75-1.1 claim that finds a place in an employment dispute is rare—like a comet, a meteor shower, or a total eclipse. When one comes along, we…
Article

Ellis & Winters LLP | USA | 15 Mar 2021

Lunch and Learn: More Economic-Loss Rule Uncertainty in Section 75-1.1 Claims, this Time with More Juice Cups

Today’s blog post is about a recent Fourth Circuit opinion, Foodbuy LLC v. Gregory Packaging, Inc., involving the intersection of N.C. Gen. Stat. §…
Article

Ellis & Winters LLP | USA | 23 Feb 2021

N.C. Supreme Court Clarifies Requirements for Claims under State Constitution’s Anti-monopoly Clause

Last month, we discussed an important decision from the Supreme Court of North Carolina involving antitrust claims against Atrium Health, the large…
Article

Ellis & Winters LLP | USA | 23 Feb 2021

Class-Action Incentive Awards Under Siege?

Until recently, litigators on both sides of the “v.” routinely included incentive Awards in class-action settlements…
Article

Ellis & Winters LLP | USA | 9 Feb 2021

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

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…
Article

Ellis & Winters LLP | USA | 26 Jan 2021

N.C. Supreme Court: Quasi-municipal Corporations Are Immune from State Antitrust and Section 75-1.1 Liability

We have previously discussed whether a local-government entity can be sued for money damages based on a federal antitrust violation. Today’s post…
Article

Ellis & Winters LLP | USA | 5 Jan 2021

Heightened Pleading Required in Omission-Based Kitty Litter/Beer Carton Dispute

This blog is no stranger to litigants attempting to transform run-of-the-mill contract disputes into claims for unfair or deceptive trade practices…
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