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 the learned professions, a divided North Carolina Court of Appeals ...

Tagged with: Unfair and Deceptive Trade Practices

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. A U.S. magistrate judge last month recommended that two personal ...

Tagged with: Unfair and Deceptive Trade Practices

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. North Carolina Business Court Judge James Gale had repeatedly encouraged ...

Tagged with: North Carolina Business Court Unfair and Deceptive Trade Practices

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 unfair and deceptive trade practices. Their motivation is pretty easy ...

Tagged with: Unfair and Deceptive Trade Practices

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 of the opinion. Holdings: StubHub’s business model and practices are ...

Tagged with: Class Action Contract Immunity summary judgment Unfair and Deceptive Trade Practices

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 North Carolina, Cully’s was incorporated in North Carolina and began ...

Tagged with: attorney's fees Breach of Contract Declaratory Judgment malicious prosecution Treble Damages Unfair and Deceptive Trade Practices Wilson County

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 City and Charlotte-based W.K. Dickson & Co., alleging breach of express and implied warranties, breach of contract, negligence, fraud and unfair and deceptive trade practices.

Tagged with: Breach of Contract Breach of Warranty Fraud Homeowners' Association Negligence Unfair and Deceptive Trade Practices

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 . . .

Tagged with: Breach of Contract Breach of Warranty Catawba County Constructive Trust Fiduciary Relationship Fraud Real Property summary judgment Unfair and Deceptive Trade Practices

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 automobiles. Plaintiff alleged, inter alia, that defendants, a used car ...

Tagged with: abuse of process civil action Financing Fraud Johnston County Unfair and Deceptive Trade Practices

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., branch; and Atlantic Home Medical (“AHM”), the durable medical equipment ...

Tagged with: Commercial Contract Conversion Fraud non-compete clause Unfair and Deceptive Trade Practices Wake County