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What's Fair? - A Blog on the Law of Unfair and Deceptive Trade PracticesA Blog on the Law of Unfair and Deceptive Trade Practices
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What's Fair? - A Blog on the Law of Unfair and Deceptive Trade Practices | unfairtradepracticesnc.com Reviews
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A Blog on the Law of Unfair and Deceptive Trade Practices
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Articles - What's Fair?
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A Blog on the Law of Unfair and Deceptive Trade Practices. Ellis & Winters LLP. Matt Sawchak, the chief editor of this blog, has published two recent law review articles on unfair and deceptive trade practices. These articles analyze some of the thorniest issues that arise in litigation under N.C. Gen. Stat. 75-1.1. The articles go on to explain how North Carolina law in this area fits into broader patterns nationwide. Here are citations and links to those recent articles:. Matthew W. Sawchak,. This blog...
The Meaning of Falsity in Misrepresentation Cases - What's Fair?
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A Blog on the Law of Unfair and Deceptive Trade Practices. Ellis & Winters LLP. Unfinished Negotiations Might Generate Treble Damages. Claims for Deceptive Practices Must Now Be Alleged in Detail (at Least in Federal Court) →. The Meaning of Falsity in Misrepresentation Cases. July 28, 2015. 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? In re GNC Corp. The supplements contain glucosamine.
Attorney Fees in 75-1.1 Cases and Unwarranted Refusals to Settle - What's Fair?
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A Blog on the Law of Unfair and Deceptive Trade Practices. Ellis & Winters LLP. Pharmaceutical Marketing and Unfair-Trade-Practices Claims. Void-for-Vagueness Challenges to Section 75-1.1 →. Attorney Fees in 75-1.1 Cases and Unwarranted Refusals to Settle. June 9, 2015. 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:. What led to this result?
Void-for-Vagueness Challenges to Section 75-1.1 - What's Fair?
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A Blog on the Law of Unfair and Deceptive Trade Practices. Ellis & Winters LLP. Attorney Fees in 75-1.1 Cases and Unwarranted Refusals to Settle. Unfinished Negotiations Might Generate Treble Damages →. Void-for-Vagueness Challenges to Section 75-1.1. June 23, 2015. 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. The statute has faced a number of void-for-vagueness challenges. In 1983, th...
Ellis & Winters LLP - What's Fair? A Blog on Unfair Trade Practices Law in NC
http://www.unfairtradepracticesnc.com/elliswinters
A Blog on the Law of Unfair and Deceptive Trade Practices. Ellis & Winters LLP. Ellis & Winters LLP. The trial and appellate lawyers of Ellis and Winters have handled complex business cases in North Carolina and across the United States. The firm has represented more than 30 members of the Fortune 500. The firm stresses qualities that today’s businesses demand: innovation, clear writing, efficiency, and responsiveness. To give two recent examples of the firm’s experience in this field:. The North Carolin...
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Fourth Circuit Issues Split, 150-Page Opinion in Title VII Class Action | Carolinas Class Action
http://www.carolinasclassaction.com/index.php/2015/05/fourth-circuit-issues-split-150-page-opinion-in-title-vii-class-action
Reviewing Class Action Developments in the Carolinas. Fourth Circuit Issues Split, 150-Page Opinion in Title VII Class Action. May 12, 2015. The Fourth Circuit today handed down its second decision in. Brown v. Nucor. A split decision from 2009. In the initial decision. Over Judge Agee’s dissent, the panel majority had reversed the district court’s denial of class certification. On remand, the district court decided to revisit the certification decision in light of. Wal-Mart v. Dukes. S record of alleged...
Guest Contributor | Carolinas Class Action
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Reviewing Class Action Developments in the Carolinas. All posts by Guest Contributor. Insurers’ Duty to Defend Determined by Class Definition, Not by Named Plaintiffs’ Claims. May 18, 2015. Western District of North Carolina. This post is contributed by R. Steven DeGeorge. An attorney at Robinson Bradshaw and Hinson, whose practice focuses on insurance coverage, product liability, toxic tort and environmental disputes. Robinson Bradshaw served as counsel for the policyholder in this case].
Carolinas Class Action | Reviewing Class Action Developments in the Carolinas | Page 2
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Reviewing Class Action Developments in the Carolinas. Recent Filings – April Digest. May 2, 2016. Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of April’s filings:. EEOC v. Mission Hospital, Inc. No 1:16-cv-00118 (W.D.N.C. April 28, 2016). Putative class action alleging violations of Title VII for allegedly refusing to honor employees’ requests for religious exemptions from the hospital’s flu vaccine policy). Putative class action ...
If at First You Don’t Succeed… | Carolinas Class Action
http://www.carolinasclassaction.com/index.php/2014/04/if-at-first-you-dont-succeed
Reviewing Class Action Developments in the Carolinas. If at First You Don’t Succeed. April 28, 2014. Western District of North Carolina. Unlike many pretrial rulings, [a] district court’s order denying or granting class status is inherently tentative. Coopers and Lybrand v. Livesay. Be reversed if it becomes apparent, at any time during the pendency of the proceeding, that class treatment of the action is inappropriate. Stott v. Haworth. 916 F2d 134, 139 (4th Cir. 1990) (emphasis added). Adam Doerr helps...
Other | Carolinas Class Action
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Reviewing Class Action Developments in the Carolinas. Recent Filings – July Digest. August 10, 2016. Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of July’s filings:. Ford, et. al. v. Ford Motor Co. No 1:16-cv-00239 (W.D.N.C. July 14, 2016). Putative consumer class action alleging the Ford Explorer has a manufacturing defect which allows exhaust emissions to leak into passenger cabins). Swinger v. Breg, Inc., et. al. In addition to...
Judge Cogburn Certifies Class Alleging that Distributors Are “Employees” | Carolinas Class Action
http://www.carolinasclassaction.com/index.php/2015/04/judge-cogburn-certifies-class-alleging-that-distributors-are-employees
Reviewing Class Action Developments in the Carolinas. Judge Cogburn Certifies Class Alleging that Distributors Are Employees. April 8, 2015. Western District of North Carolina. But, as Justice Scalia cautioned in. Merely stating the common question is insufficient the answer to the posed question must resolve an issue that is central to the validity of each one of the claims in one stroke. Rehberg v. Flowers Baking Co of Jamestown, LLC. Might be something the Court considers down the road. To the Fourth ...
Western District of North Carolina | Carolinas Class Action
http://www.carolinasclassaction.com/index.php/category/western-district-of-north-carolina
Reviewing Class Action Developments in the Carolinas. Archives: Western District of North Carolina. Securities Class Actions Continue To Rise. July 28, 2016. Western District of North Carolina. Earlier this year, we reported that Multiple Studies Show Increase in Securities Class Actions. Cornerstone Research, one of the groups covered in our earlier report, recently issued its 2016 Midyear Assessment. Multiple Studies Show Increase in Securities Class Actions. April 13, 2016. Have all found that federal...
A New Twist on “Issue Certification” from the District of South Carolina | Carolinas Class Action
http://www.carolinasclassaction.com/index.php/2015/01/a-new-twist-on-issue-certification-from-the-district-of-south-carolina
Reviewing Class Action Developments in the Carolinas. A New Twist on Issue Certification from the District of South Carolina. January 14, 2015. District of South Carolina. As we discussed last year. A bona fide circuit split exists with respect to issue certification. We observed that the Fourth Circuit’s guidance on this issue is foggy: As Judge Dever has noted. Although the Fourth Circuit appears to address this issue in. Gunnells v. Healthplan Services, Inc. In his recent order. Judge Anderson skipped...
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Unfair to Genius: Popular Music and Copyright Law in the Age of the Songwriter - by Gary Rosen
Reviews & Media. Ldquo;The best and clearest analysis I’ve encountered of the economics of 20th-century popular songwriting. Mdash;Ben Yagoda, The Wall Street Journal. Mdash;Caleb Crain, The Nation. Ldquo;Superbly researched and written . . . Rosen deftly plots the rise of the music industry in America.”. Mdash;Craig Silver, Forbes. Mdash;Ken Emerson, The Wall Street Journal. Mdash;Sam Roberts, The New York Times. Mdash;Paul Goldstein, Lillick Professor of Law, Stanford University. Mdash;Philip Furia, au...
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What's Fair? - A Blog on the Law of Unfair and Deceptive Trade Practices
A Blog on the Law of Unfair and Deceptive Trade Practices. Ellis & Winters LLP. Claims for Deceptive Practices Must Now Be Alleged in Detail (at Least in Federal Court). August 11, 2015. 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 claims in federal court and for defendants who move to dismiss those claims. Last week, in. Three...
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