William Plyler | August 18, 2009
A bar or restaurant which serves alcohol to a drunk patron who later injures his passengers in a car crash is not subject to an unfair or deceptive trade practice claim, according to a unanimous opinion filed today by the N.C. Court of Appeals. Noble v. Hooters of Greenville (NC) LLC and Hooters of America, [...]
William Plyler | August 10, 2009
The North Carolina Court of Appeals recently reaffirmed North Carolina law that the intent of a defendant is irrelevant in an unfair and deceptive trade practice case. The case of Media Network, Inc. d/b/a Gateway Media v. Long Haymes Carr, Inc. d/b/a Mullen/LHC & Carney Media, Inc., (No. COA 08-801, N.C. Ct. of Appeals, June [...]
William Plyler | August 5, 2009
A recent North Carolina case, Martini v. Companion and Properties Casualty Insurance Company (No. COA08-1127, N.C. COA filed July 7, 2009), holds that an insurance company that wrongly denies coverage when presented with a claim is subject to an unfair and deceptive trade practice (UDTP) claim. A successful UDTP claimant is entitled to recover three [...]