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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.