· 11/2/2012
Bianca Ellis v. Louisiana-Pacific Corporation
Citations
- 699 F.3d 778
- 2012 U.S. App. LEXIS 22588
- 2012 WL 5378085
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding allegation that defendant failed to inform consumers that product would not live up to expectations did not amount to unfair or deceptive trade practice
- noting that even an intentional breach of contract “is not sufficiently unfair or deceptive to sustain [an unfair and deceptive trade practices] claim.”
- noting that under North Carolina law, “a breach of contract, even if intentional, is not sufficiently unfair or deceptive to sustain a UDTPA claim.” (internal quotation marks and citation omitted)
- “North Carolina courts have never addressed whether NCUDTPA claims are subject to the [economic loss doctrine].”
- “Egregious or aggravating circumstances must be alleged before the provisions of the [UDTPA] may take effect.”
- “We also do not believe that the fact that Appellants are downstream purchasers makes a difference in the analysis.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Thacker, Urbanski, Western, Virginia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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