Lexis Nexis North Carolina Unfair Business Practice
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Product description
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North Carolina Unfair Business Practice, 3rd Edition, is the only publication providing comprehensive guidance on the complex world of consumer protection, and unfair and deceptive trade practices in North Carolina. Focusing heavily on North Carolina General Statute 75-1.1, this publication’s importance and prominence has grown steadily through the years, as the area of unfair business practices continues to expand. An essential resource for any attorney advising businesses on appropriate trade practices or representing clients potentially harmed by unfair business practice, North Carolina Unfair Business Practice, 3rd Edition, provides expert analysis of the statute through detailed examination of hundreds of cases interpreting its provisions.
Highlights include:
- Comprehensive analysis of General Statute 75-1.
- Examination of potential liability stemming from consumer fraud or deception in areas such as landlord/tenant relations, insurance, advertising, the purchase of real property and the purchase of consumer products
- Remedies for violations of General Statute 75-1.1
- Discussion of a common law claim for unfair competition
- Examination of federal antitrust statutes
- Sample forms
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Featured Authors
Noel L. Allen
Noel L. Allen is a member of the Raleigh, NC law firm of Allen & Pinnix, P.A. He has assisted hundreds of clients in unfair business law cases. He received his J.D. from the University of North Carolina at Chapel Hill and a graduate law diploma in international trade and competition law from the University of Amsterdam, The Netherlands. He has served as an adjunct professor for antitrust and trade regulation classes at the Campbell University School of Law. He is a former Assistant Attorney General for the Antitrust Division of the North Carolina Department of Justice, served as Chair of the North Carolina Bar Association’s Antitrust and Complex Business Disputes Law Section, received that Section’s “Distinguished Service Award,” has been named the state’s “Top Antitrust Lawyer” by Business North Carolina, and is also a frequent lecturer on antitrust, unfair competition and trade regulation issues. Noel Allen’s Martindale-Hubbell profile is available at http://www.martindale.com/Noel-L-Allen/1406357-lawyer.htm. More information regarding Allen & Pinnix, P.A. may be found at the firm’s website: http://www.allenpinnix.com/.
Table of contents
PART I GENERAL INTRODUCTION AND SOURCES
Chapter 1 General Introduction and Sources
Chapter 2 North Carolina General Statutes Related to § 75-1.1
Chapter 3 Other North Carolina Unfair Business Statutes, Rules and Regulations
Chapter 4 FTC and Other Little FTC Acts as Guidance
PART II SECTION 75-1.1-GENERAL PRINCIPLES AND PROCEDURAL ISSUES
Chapter 5 Conflicts of Law
Chapter 6 "In or Affecting Commerce"
Chapter 7 Pretrial Issues
Chapter 8 Trial Issues
Chapter 9 Other Litigation Issues
PART III REMEDIES
Chapter 10 Damages
Chapter 11 Attorney Fees
Chapter 12 Other Relief
PART IV DEFENDING SECTION 75-1.1 CLAIMS
Chapter 13 Statute of Limitations
Chapter 14 Statutory Exemptions
Chapter 15 Case Law Exemptions and Exclusions
Chapter 16 Federal Preemption
Chapter 17 Constitutional Challenges
Chapter 18 Other Defenses
PART V CONSUMER PROTECTION
Chapter 19 General Principles
Chapter 20 Application of Section 75-1.1 to Sales of Specific Products
Chapter 21 Application of Section 75-1.1 to Sales of Specific Types of Services and Other Intangible Products
Chapter 22 Consumer Protection: Insurance
Chapter 23 Consumer Protection: Landlord/Tenant Relations
PART VI NON-CONSUMER BUSINESS ACTIVITIES
Chapter 24 Defining Unfair Methods of Competition Under Section 75-1.1
Chapter 25 Relation of Section 75-1.1 to Common Law Unfair Competition
Chapter 26 Relation of Section 75-1.1 to Federal Antitrust Law
Chapter 27 Relation of Section 75-1.1 to State Antitrust Law
Chapter 28 Noncompetition Agreements; Ancillary Restraints of Trade
Chapter 29 Racketeer Influenced and Corrupt Organizations (RICO)
Chapter 30 Application of Section 75-1.1 to International Trade
Chapter 31 Unfair Business Acts and Practices Affecting Franchising and Distribution
PART VII PUBLIC ENFORCEMENT
Chapter 32 Attorney General Enforcement
PART VIII APPENDIX: FORMS
Forms
Table of Cases
Table of Statutes
Index
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