North Carolina Lawyers Weekly

Jan 28, 2026

State wins summary judgment on deceptive real estate brokerage practices

The North Carolina Business Court granted the plaintiff summary judgment on key unfair or deceptive trade practices claims arising from a real estate brokerage scheme that the court found unlawfully […]

Oct 23, 2018

Hospital not exempt from doctor’s UDTP claim

A physician should be allowed to bring an unfair and deceptive trade practices claim against the hospital that employed him, despite an exception to the statute that generally exempts […]

Apr 14, 2015

Ruling points to possible class action

A medical lien company currently in the midst of settling a class action lawsuit in California may have to defend itself next against a class action lawsuit in North Carolina. […]

Sep 22, 2014

Judge awards plaintiffs’ attorneys $467K on Unfair Trade claim

The North Carolina Business Court recently awarded a plaintiff over $467,000 in attorney fees based on an unfair and deceptive trade practices claim, dwarfing the $25,000 jury award for damages. […]

Feb 26, 2014

Commerce rule scuttles another UDTP claim

Business plaintiffs in North Carolina are having some trouble with trebles. When bringing claims in court against another business, many plaintiffs make great effort to shoehorn in a claim for […]

Mar 9, 2011

Contract – Communications Decency Act – Immunity – Unfair and Deceptive Trade Practices – Summary Judgment – Class Action

Hill v. StubHub, Inc. (Lawyers Weekly No. 11-15-0258, 23 pp.) (Judge Ben F. Tennille, J.) On cross motions for summary judgment. N.C. Bus. Ct. Click here for the full text […]

Mar 8, 2011

Insured recovers on counterclaim for malicious prosecution over Wilson fire

Laurie Volpe was the owner of Cully’s Motorcross Park, Inc. Cully’s was originally the owner of a motorcross park in Florida. When Volpe and her husband, Louis Volpe, moved to […]

Feb 25, 2011

Swain County HOA wins $2.4M verdict in defective roads dispute

A western North Carolina homeowners association has been awarded $2.4 million in compensatory damages in a dispute over defective roads - a verdict that may be the largest ever in Swain County, an attorney associated with the case said. Jurors returned the verdict on Feb. 17 after a two-week trial. The Alarka Creek Properties Homeowners Association sued Cane Creek Development Corporation of Bryson[...]

Feb 23, 2011

Real Property – Summary Judgment – Breach of Contract – Breach of Warranty – Fraud – Unfair & Deceptive Trade Practices – Constructive Trust – Fiduciary Relationship

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

Jan 17, 2011

7-week trial in Johnston County over car financing ends in split verdict

This was a complex civil action for fraud, unfair and deceptive trade practices, abuse of process and related transgressions arising out of the sale and financing of dozens of used […]

Jan 13, 2011

$5.2M award in dispute over competing medical equipment business

On July 11, 2008, Kight’s Medical Corp. (“KMC”) filed a lawsuit in the Superior Court of Wake County against Ginger Kight Pickett (“Pickett”), the former manager of KMC’s Chesapeake, Va., […]

Oct 6, 2010

Civil Practice – Statute of Limitations – Counterclaims – Sealed Instrument – Fraud – Unfair and Deceptive Trade Practices – Promissory Notes – Vacation Home

McGuire v. Dixon. Fraud and unfair and deceptive trade practices counterclaims raised by defendants in a dispute over payment on a promissory note for the purchase of a vacation home in Jamaica were not barred by the statute of limitations that apply to those claims. Instead, the claims were governed by the 10-year statute of limitations that applies to claims based on sealed instruments.[...]