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A Family Practice. A Cunning Nurse. Does Section 75-1.1 Apply To Her Conduct?

By Stephen Feldman

North Carolina law prohibits unfair or deceptive acts “in or affecting commerce.”

But “commerce” doesn’t include “professional services rendered by a member of a learned profession.” This quoted language comes straight from Section 75-1.1.

One clear takeaway from this language is that a professional’s treatment of a patient or client doesn’t violate Section 75-1.1. A medical malpractice plaintiff can’t get treble damages.

It’s less clear, however, whether this language applies to claims about conduct between or among medical professionals.

This post studies a recent Business Court decision on that issue. The decision comes from a case styled Alamance Family Practice, P.A. v. Lindley, 2018 NCBC 82 (N.C. Super. Aug. 14, 2018).

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Sunday Best: Catch Up On the Week’s Top NCBarBlog Posts

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Here’s what NCBarBlog readers found most interesting on our pages this week:

Court of Appeals Allows Section 75-1.1 Claim in Context of Residential Real Estate Transaction

An Untapped Source of Savings for State and Local Government Owners of Property

A 12(b)(6) Motion Asserted As Part Of An Answer Will Not Suffice, At Least Not In The NC Business Court

Launching the Appellate Practice Section Blog with Exciting News!

Say Hello To the Small Firm & Technology Section

A Win For Arbitration in 2018

Planning To Pursue An Appeal From A Business Court Decision? It’s A Jungle Out There!

Editor’s note: This is an updated version of the article that first appeared in the June 2016 edition of “The Litigator,” the NCBA Litigation Section newsletter. The article was updated Aug. 3, 2016.

By Beth Scherer and Matt Leerberg

BethScherer

When first established in 1995, the Business Court was touted as a way to make North Carolina’s “court system as responsive and predictable as the Delaware Chancery Court in dealing with complex corporate issues.”  The Business Court has largely delivered on its promise of ease of use and predictability based, in part, on assignment of cases to a single (and highly qualified) Business Court judge and an e-filing system that practitioners could utilize from any jungle paradise (with wi-fi access).  Practitioners must take heed, however.  At the end of each Business Court case lurks a menacing tiger: North Carolina appellate practice and procedure!

Over the past two years, at least seven different appellate traps have emerged for North Carolina Business Court cases, many of which have resulted in dismissal of appeals.  Those traps have been discussed extensively on our North Carolina Appellate Practice Blog (www.ncapb.com).  This article summarizes several potential snares, with links to the detailed blog posts for those who seek more information about taming the beast.

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