Ellis & Winters LLP

Ellis & Winters LLP Ellis & Winters LLP is a boutique litigation and commercial real estate law firm located in NC

Ellis & Winters LLP was formed in 2000 as a new kind of North Carolina law firm. With 35 lawyers located in offices in Raleigh and Greensboro, North Carolina, Ellis & Winters offers premier legal services efficiently. A boutique firm concentrating in complex litigation and commercial real estate, the firm's lawyers have been called upon in some of the state's most important disputes and transactio

ns. Now, 20 years after the firm's inception, Ellis & Winters continues to attract the finest attorneys with significant trial, appellate, and transactional experience. Its lawyers provide legal services to more than 30 members of the Fortune 500.

Blog Post:
08/24/2021

Blog Post:

Imagine yourself combing the aisles of the local Trader Joe’s with your brood in tow. You are minding your own beeswax when, above the drone of swarming shoppers, you hear a buzz about a new product: “100% New Zealand Manuka Honey.” As you grab a jar off the shelf, what […]

Blog Post:
08/10/2021

Blog Post:

Two years ago, I left Ellis & Winters to spend a few years as in-house counsel at a financial institution. Before I left, I wrote several times about the uncertainty surrounding the economic-loss rule and section 75-1.1 (here, here, here, and here). While I was away, my colleagues continued to […]

Blog Post:
07/20/2021

Blog Post:

A claim under N.C. Gen. Stat. § 75-1.1 can sometimes trigger a constitutional challenge. A defendant might argue that an unfairness claim under section 75-1.1 is unconstitutionally vague, or that applying section 75-1.1 extraterritorially violates the Dormant Commerce Clause. Or a defendant might a...

Blog Post:
05/19/2021

Blog Post:

Is a 1966 Mustang a “classic car?” Was that the vintage that Steve McQueen drove in Bullitt? (No.) Can you get special insurance for such a vehicle? And if you do, will your insurer pay if the car is involved in an accident? And what if your insurer says that […]

Tom Segars discusses an out of this world employment-adjacent section 75-1.1 claim in today’s What’s Fair? blog.
04/06/2021

Tom Segars discusses an out of this world employment-adjacent section 75-1.1 claim in today’s What’s Fair? blog.

A section 75-1.1 claim that finds a place in an employment dispute is rare—like a comet, a meteor shower, or a total eclipse. When one comes along, we cannot help but wonder at it. Even those of us who take the heavens for granted keep a telescope in the attic […]

Jamie Weiss discusses a recent opinion about whether the economic-loss rule applies to a claim involving section 75-1....
03/16/2021

Jamie Weiss discusses a recent opinion about whether the economic-loss rule applies to a claim involving section 75-1.1 and, believe it or not, school lunch juice cups.

Today’s blog post is about a recent Fourth Circuit opinion, Foodbuy LLC v. Gregory Packaging, Inc., involving the intersection of N.C. Gen. Stat. § 75-1.1 and everyone’s favorite school lunch item—juice cups. As a bonus, the Fourth Circuit also waded into the unsettled question of whether the...

In today's What's Fair blog post, Scottie Forbes Lee delivers her second post on the DiCesare v. Charlotte-Mecklenburg H...
02/23/2021

In today's What's Fair blog post, Scottie Forbes Lee delivers her second post on the DiCesare v. Charlotte-Mecklenburg Hospital Authority decision.

Last month, we discussed an important decision from the Supreme Court of North Carolina involving antitrust claims against Atrium Health, the large public-hospital system in Charlotte. In DiCesare v. Charlotte-Mecklenburg Hospital Authority, the Supreme Court held that quasi-municipal corporations l...

Tom Segars discusses a recent U.S. District Court for the Western District of North Carolina decision that serves as an ...
02/09/2021

Tom Segars discusses a recent U.S. District Court for the Western District of North Carolina decision that serves as an important reminder for lawyers to remain vigilant against cyberthreats.

If you aren’t losing sleep over malicious phishing schemes and other cybercrimes, you should be. According to the FBI, one type of cybercrime in particular—Business Email Compromise or BEC—cost businesses more than $26 billion over only three years. And, to bring the point closer to home, acco...

In today’s What's Fair? blog post, Scottie Forbes Lee discusses a recent North Carolina Supreme Court decision addressin...
01/26/2021

In today’s What's Fair? blog post, Scottie Forbes Lee discusses a recent North Carolina Supreme Court decision addressing whether or not quasi-municipal corporations are exempt from liability under section 75-1.1 and North Carolina’s antitrust laws.

We have previously discussed whether a local-government entity can be sued for money damages based on a federal antitrust violation. Today’s post discusses a similar question: are quasi-municipal corporations—a type of local-government entity—exempt from liability under section 75-1.1 and Nort...

In today's What's Fair? blog post, Jamie Weiss discusses a recent decision that is noteworthy for its application of the...
01/05/2021

In today's What's Fair? blog post, Jamie Weiss discusses a recent decision that is noteworthy for its application of the heightened pleading standards in Rule 9(b) to a claim resting on a fraudulent omission.

This blog is no stranger to litigants attempting to transform run-of-the-mill contract disputes into claims for unfair or deceptive trade practices. Nor are our North Carolina courts, given the prospect of recovering treble damages and attorneys’ fees to a spurned business. Today’s post looks at...

In today's What's Fair? blog post, Steven Scoggan analyzes a recent Western District of North Carolina decision that dem...
11/24/2020

In today's What's Fair? blog post, Steven Scoggan analyzes a recent Western District of North Carolina decision that demonstrates how preemption can be a potent defense in commercial disputes between competing drug and device businesses.

We’ve often discussed the power of preemption defenses to section 75-1.1 claims. Preemption is also a crucial issue in pharmaceutical and medical device litigation, as the federal Food, Drug & Cosmetic Act (FDCA) has been held to preempt a wide variety of products-liability and consumer-protection...

In today's What's Fair? blog post, Preetha Rini discusses a recent Fourth Circuit Court of Appeals decision.
11/13/2020

In today's What's Fair? blog post, Preetha Rini discusses a recent Fourth Circuit Court of Appeals decision.

In intellectual property disputes, the strength of a section 75-1.1 claim or an unfair competition claim often rises or falls with a trademark infringement claim. For instance, N.C. Gen. Stat. § 80-12 provides that a violation of state trademark law constitutes a per se violation of section 75-1.1....

Address

4131 Parklake Avenue, Ste 400
Raleigh, NC
27612

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Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

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+19198657000

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