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Antitrust News - Index of Feature Articles Note: If you know a case name or subject, and would like to find it on this page, press 'Ctrl' and 'F'. Vol. 1, No. 1- June 1990 • • • • NCBA Committee Publishes Newsletter Activities of the Antitrust And Trade Regulation Law Committee State of Antitrust Law in North Carolina John Graybeal, Antitrust Reviving o California v. ARC America Corp. o FTC v. Superior Court Trial Lawyers Ass'n o California v. American Stores Co. o Atlantic Richfield Co. v. USA Petroleum Co. Vol. 1, No. 2- November 1990 • • • John Graybeal, Introduction to Antitrust Newsletter Jaye Meyer, Hochberg Meets with Antitrust Committee Everett J. Bowman and John H. Cobb, Recent Fourth Circuit Court of Appeals Antitrust Decisions o Advanced Health Care Services, Inc. v. Radford Community Hosp. o Oksanen v. Page Memorial Hosp. o Stephen Jay Photography, Ltd. v. Olan Mills, Inc. o Abcor Corp. v. AM International Inc. o Sewell Plastics, Inc. v. Coca-Cola Co. David L. Baumer, Market Power, Demand Curves and Evidence in Antitrust Cases • Vol. 1, No. 3- June 1991 • • • • John Graybeal, Antitrust and Trade Regulation Law Section Meeting in Asheville U.S. Senate Passes Resale Price Fixing Proposal John Graybeal, Case Highlight: HAJMM Co. v. House of Raeford Farms, Inc. David L. Baumer, Market Power, Demand Curves and Evidence in Antitrust Cases Part II: Vulnerabilities of Regression Analysis Vol. 2, No. 1- October 1991 • • • • • • • Rodrick J. Enns, Comments from the Chair Legislative Committee Report Federal Enforcement News Recent North Carolina Antitrust and Trade Regulation Legislation Elizabeth Gee, Fourth Circuit Holds Hospital Staff Incapable of Conspiring with Hospital o Oksanen v. Page Memorial Hospital Consumer Protection Case News o Anders v. Hyundai Motor America Corp Jim Gulick, State Enforcement Highlights Vol. 2, No. 2- February 1992 • Rodrick J. Enns, Comments from the Chair • • • • • • Antitrust Claim Arises at Time of Exclusion from Market Even Though Losses Occurred Years Later: North Carolina Electric Membership Corp. v. Carolina Power and Light Co. Consumer Protection Case News: Investors Title Insurance Co. v. Herzig Bottler's Alleged Coercion to Raise Prices Not Exempt: Owens v. Pepsi Cola Bottling Co. of Hickory, N.C. Fourth Circuit Update: Oksanen v. Page Memorial Hospital State Enforcement News Vol. 2, No. 3- May 1992 • • Rodrick J. Enns, Comments from the Chair North Carolina Antitrust and Trade Regulation Cases Update: o Farm Machinery Franchises Act Does Not Apply Retroactively: Wilson Ford Tractor, Inc. v. Massey-Ferguson, Inc o Landlord-Tenant Case Remanded for New Trial Due to Ambiguity: Foy v. Spinks Fourth Circuit Case Developments: o Petroleum Franchiser within Rights to Terminate Dealer: Hinkleman v. Shell Oil Co. o Cigarette Manufacturer Found not to Have Engaged in Predatory Pricing: Liggett Group Inc. v. Brown Williamson o Summary Judgment Affirmed for Computer Co. in Antitrust Suit: Service & Training Inc. v. Data General Corp. State Consumer Protection Enforcement Report: o State Ex. Rel. Thornburg v. American Future Systems, Inc. • • Vol. 3, No. 1- December 1992 • • Douglas W. Kenyon, Comments from the Chair Recent Case Developments: o Agent of Government not Insulated from Unfair Trade Practices Claim by Doctrine of Sovereign Immunity: Harbert International, Inc. v. Wake County Board of Education, F. Supp. o Attorney Retained by Bank Considered Debt Collector Under Statutory Definition: Scott v. Jones o Failure to Disclose Information is Misrepresentation Under NCGS 58-63-15(1): Kron Medical Corp. v. Collier Cobb & Assoc. Inc o Summary Judgment Granted to Patent Infringement Suit Defendants: Mirafi Inc. v. Murphy o Supreme Court Rules on State Action Immunity: F.T.C. v. Ticor Title Ins. Co. o Billboard Co. Unable to State Claim by Using Arguments Previously Abandoned: Omni Outdoor Advertising, Inc. v. Columbia Outdoor Advertising, Inc. State Enforcement News: Another Settlement Reached in Bid-Rigging Case • Vol. 3, No. 2- April 1993 • • Douglas W. Kenyon, Comments from the Chair Recent Case Developments: o Expert Witness' Affidavit Satisfied Fed.R.Civ.P.56(3) Although Unsupported by Facts: • M&M Medical Supplies & Service, Inc. v. Pleasant Valley Hospital, Inc. Collection Letters from Hospital Holding Co. Found to be not Misleading Under N.C.G.S. 75-54: Forsyth Memorial Hospital, Inc. v. Contreras o Gambling Offenses Subject Real Property to Forfeiture Under N.C. RICO Act: State ex rel. Thornburg v. Lot and Bldgs. at 800 Waugtown St o Violation of Trade Secrets Protection Act Satisfies All Three Prongs of the Unfair Trade Practices Test: Drouillard v. Keister Williams Newspaper Services, Inc. Enforcement News: o Another Settlement Reached in Milk Bid-Rigging Case o Maola Indicted for Bid-Rigging o North Carolina Settles with Mortgage Companies o Vol. 4, No. 1 - October 1993 • • • • • John M. Murchison, Jr., Comments from the Chair Elizabeth Gee, Hospital Cooperation Act Creates Antitrust Immunity for Certain Hospital Agreements F. Joseph Treacy, Jr., 1993 Amendments to Chapter 75 Hirsch Sets Priorities for State's Consumer Protection and Antitrust Section North Carolina Antitrust and Trade Regulation Cases Update o Defendant Insurance Company Fails to Prove "Evident Partiality" on the Part of an Arbitrator Peoples Security Life Insurance Co. v. Monumental Life Insurance Co. o Messages on Sweepstakes Envelope Found to be Deceptive and in Violation of N.C.G.S. 75-1.1 Sharpe v. American Family Publishers o Failure to Disclose Existence of Lien Constitutes Deception Under N.C.G.S. 751.1 Standing v. Midgett o State Law Which Conflicts with Admiralty Case Law May Not be Applied Delta Marine, Inc. v. Whaley o Bystanders Are Not Entitled to Protection Under the Debt Collection Statute Holloway v. Wachovia Bank & Trust Co. o Furniture Maker Not Entitled to a Preliminary Injunction Against a Competitor Devan Designs, Inc. v. Palliser Furniture Corp. o Preliminary Injunction Denied in Robinson-Patman Action Custom Fabricators, Inc. v. Dealers Supply Co., Inc o Debtor's 75-1.1 Suit Against Bank Dismissed Due to Collateral Estoppell and Res Judicata Guilford Telecasters, Inc. v. Continental Bank, N.A. o Insured's Financial Status Key to Resolving Unfair Trade Practices Counterclaim Jefferson-Pilot Life Insurance Co. v. Spencer o Unfair Trade Claims Immune From Common Law Defenses Canaday v. Mann o Renter's Policy Coverage Voided Due to Loss Misrepresentation Smith v. State Farm Fire & Casualty Co. Vol. 4, No. 2- March 1994 • • • John M. Murchison, Jr., The Chair's Comments Raleigh Chemical Firm and its President Indicted for Price Fixing North Carolina Antitrust and Trade Regulation Cases Update: • Award of Treble Damages Vacated due to Election of Rescission and Restitution: Winant v. Bostic o Limited Partnership Interests Classified as "Securities" : Andrews v. Fitzgerald o Record North Carolina Verdict Set Aside: Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. o General Contractor is not Obligated to Award Job to Minority Subcontractor: Clark Trucking of Hope Mills, Inc. v. Lee Paving Co. o Liability Reinsurers' Restrictions Might be Nonimmune Boycott: Hartford Fire Insurance Co. v. State of California o Refund Anticipation Loan Act does not Violate U.S. Constitution North Carolina Assoc. of Electronic Tax Filers, Inc. v. Graham o Agreement re: Exclusive Fuel Sales Rule Invalid: Roanoke Properties v. Spruill Oil Co., Inc. o Proceeds from Sale of Forfeited Property Under RICO Must be Paid to Public School Fund: State ex rel. Thornburg v. House & Lot Located at 532 "B" Street, Bridgeton, N.C. o No Likelihood of Confusion Found Over the Word "Crown" in the Queen City: Wachovia Bank & Trust Co. N.A. v. Crown Nation Bancorporation, Inc. NCBA Offers Electronic Bulletin Board Service o Vol. 5, No. 1- October 1994 • • Everett J. Bowman, The Chair's Comment Case Updates: o Attorneys Fees Denied Under N.C.G.S. 75-16.1 Due to Acceptance of Offer of Judgment: Evans v. Full Circle Productions, Inc. o Incomplete Findings Cause Remand of N.C. Business Opportunity Sales Act Case: Wiggins v. Triesler Co., Inc. o Contract Not to Pursue Criminal Charges is an Unfair Trade Practice: Adams v. Jones o N.C.G.S. 75-1.1 Does not Apply to Employer- Employee Relations: Brandis v. Lightmotive Fatman, Inc o Hole-In-One Contest is a Fund-Raiser, not "Commerce": Malone v. Topsail Area Jaycees, Inc. o Homeowner's Acceptance of Referral Fee Place the Transaction Under N.C.G.S. 75-1.1: Davis v. Sellers o Beneficiary Misrepresentation by Insurer is not an Unfair or Deceptive Trade Practice Jefferson-Pilot Life Ins. Co. v. Spencer o Lack of Injury within North Carolina Creates Failure to State a Claim: Dixie Yarns, Inc. v. Plantation Knits, Inc. Porters, S.A. v. Hanes Printables, Inc o Corporation Fails to Make Out a Claim of Attempted Monopolization Against Competitor: Giben America, Inc. v. Schelling America, Inc. o Double Recovery Improperly Awarded: Barbee v. Atlantic Marine Sales & Service, Inc. o Plaintiff Has no Cause of Action Against Commissioner of Insurance: Golden Rule Insurance Co. v. Long o Post-Judgment Interest on Treble Damages Denied o o o o o o Custom Molders, Inc. v. American Yard Products, Inc. Sherman Antitrust Claim Dismissed in Virginia Real Estate Foreclosure Case: Estate Construction Co. v. Miller & Smith Holding Insufficient Allegations Found for Interference with Contract and Unfair Trade Practices: Allied Distributors, Inc. v. Latrobe Brewing Co. Simple Contract Breach does not Constitute an Unfair Trade Practice: Telephony Worldwide Enterprise v. Telamerica Communications, Inc. Unfair Trade Practices Case Reversed for Insufficient Findings re: Warranty Breach: Mehovic v. Ken Wilson Ford, Inc Wrongfully Evicted Tenants Limited to Statutory Remedy: Stanley v. Moore IOLTA Committee Seeks Ideas for Grant-Funded Projects Vol. 5, No. 2- March 1995 • • • Everett J. Bowman, The Chair's Comment Proposed Revisions of Certain Provisions of Chapter 75 Noel Allen, Case Updates: o Evidence Supported Finding of Unfair Trade Practices Against Boat Manufacturer: Barbee v. Atlantic Marine Sales & Service, Inc. o General Partner Cannot be Held Personally Liable if not Served with Process: Post & Front Properties, Ltd. v. Roanoke Construction Co. o Landlord's Actions Constitute Unfair Trade Practices: Creekside Apartments v. Poteat o Lex Loci Rule Determines Choice of Law in Unfair Trade Practice Case United States ex rel. Clemco Indus. Corp. v. Federal Ins. Co. o Place-of-injury Choice of Law Rule Applied in Common Law Fraud/Unjust Enrichment Case: State ex rel. Long v. Coastal States Life Insurance Co. o Treble Damages Vacated in Video Game Copyright Suit Nintendo of America, Inc. v. Aeropower Co. Vol. 5, No. 3- June/July 1995 • • Everett J. Bowman, The Chair's Comment Case Updates: o Unfair Trade Practices Claim Successfully Pled: Thomasville Furniture Indus. v. Philmor Furniture Co. o Unfair Trade Practices Claim Survives Motion Re Pre-emption Baker v. Rah Rah Sales, Inc. o No Aggravating Circumstances Found in Section 75-1.1 Case Based Upon Breach of Contract: Denny v. Spartan Express, Inc. o False Statements Intended to Destroy a Competitor's Business do not Enjoy Constitutional Protection: Martin Marietta Corp. v. Wake Stone Corp. o Abuse of Discretion Standard is Appropriate for Appellate Review of Forum Section Clauses: Appliance Sales & Service, Inc. v. Command Electronics Corp. o Omission of Punitive from a Complaint is not Fatal to a Claim: Holloway v. Wachovia Bank & Trust Co. o o o o Sales Representatives Fails to Present Aggravating Circumstances Necessary to Prevail: A. Jordan Medical, Inc. v. Meditronic, Inc. Violation of Ejectment of Residential Tenants Act is a Per Se Violation: Stanley v. Moore N.C.G.S. Section 75-1.1 and Breach of Contract- A Difference of Opinion: Tudor Associates, Ltd. II v. AJ & AJ Servicing, Inc. Imposition of a $100-a-day Fine on a Condo Owner is not a RICO Act Violation: Stewart v. Kopp Vol. 6, No. 1- November 1995 • • • M. Elizabeth Gee, The Chair's Comment Legislature Ratifies Several Bills Affecting Our Section Case Updates: o Noncompetition Agreement Unenforceable Under Laws of Louisiana and North Carolina: Sentilles Optical Services v. Phillips o Landlord with Two Rental Properties is "In Commerce": Stolfo v. Kernodle o Purchaser of "As Is" Used Car Entitled to Treble Damages: Torrance v. AS & L Motors, Ltd o Lender's Failure to Disburse Funds was not Unfair Trade Practice: Wachovia Bank & Trust Co. v. Carrington Development Assoc. o Plaintiff in Bankruptcy did not Intentionally Mislead the Court: Medicare Rentals, Inc. v. Advanced Services o N.C.G.S. Section 75-1.1 Jury Instructions Were Proper: AG Systems, Inc. v. United Decorative Plastics Corp. o Credit for Payments to be Applied After N.C.G.S. Section 75-1.1 Damages are Trebled: Peterson v. Bozzano o Treble Damages are not Nondischargeable: Peterson v. Bozzano Vol. 6, No. 2- March 1996 • • M. Elizabeth Gee, The Chair's Comment Case Updates: o Arbitration Clause in Pest Control Contract is Binding: Red Springs Presbyterian Church v. Terminix Co. of North Carolina, Inc. o North Carolina is Proper Forum for Unfair Trade Practices Case: Kath v. H.D.A. Entertainment, Inc. o Post-Judgment Interest Available for Treble Damages: Custom Molders, Inc. v. American Yard Products, Inc. o Home buyers Can Collect Under Corporate Seller's Commercial Liability Policies: Henderson v. United States Fidelity & Guaranty Co. o Shopping Center did not Detrimentally Rely on Anchor Store's Misrepresentation: Pleasant Valley Promenade v. Lechmere, Inc. o Trucking Company's Actions Violated Federal Regulations, But Were Not Unfair Trade Practices: Jacobs v. Central Transport, Inc. o ERISA Preempts Truck Drivers State Law Claims: Bordeaux v. Kimberly-Clark Integrated Services Corp. o Incidental Sale of Stock does not Prohibit Application of N.C.G.S. 75-1.1: Hand v. Ace Hardware Corp. Vol. 6, No. 3- May 1996 • • M. Elizabeth Gee, The Chair's Comment Case Updates: o Condo Project Owner's Unfair Business Practice Judgment is Nondischargeable Debt: Bebber v. J. M. Westall & Co. o Town Cannot be Sued Under N.C.G.S. Section 75-1.1: Carolina Water Service, Inc v. Town of Atlantic Beach Madison Cablevision v. City of Morganton o Cities Cannot be Sued for Unfair and Deceptive Trade Practices: Rea Construction Co v. City of Charlotte o Improper Standard Used to Determine if Statute of Limitations Would be Tolled by Fraudulent Concealment Doctrine: Supermarket of Marlinton, Inc v. Meadow Gold Diaries, Inc. o Four Opinions from the Same North Carolina International Antitrust Case: Sea-Roy Corp. v. Parts R Parts, Inc. o Court Limits "Personal Stake" Exception to Single Enterprise Doctrine: Patel v. Scotland Memorial Hospital o City Has Governmental Immunity from Debt Collection Statute: Wall v. City of Raleigh Whitner Speaks at Annual Meeting • Vol. 7, No. 1- November 1996 • • M. LeAnn Nease, The Chair's Comment Case Updates: o Unfair Trade Practices Claim Survives Summary Judgment: Abram v. Conference Source International, Inc. o City's Unfair Trade Practice Claim Survives Motion to Dismiss: City of Roxboro v. Gulf Insurance Co. o Personal Jurisdiction Lacking Over German Manufacturer: Sea-Roy Corp. v. Parts R Parts, Inc. o Lender Hand no Duty to Monitor Loan Proceeds: Carlson v. Branch Banking & Trust Co. o Claims Personal in Nature are not Assignable Horton v. New South Ins. Co. o Indirect Purchasers Have Standing to Sue Under N.C.G.S. Section 75-16: Hyde v. Abbott Laboratories, Inc. o Five-Year Covenant not to Compete Found Reasonable: Professional Liability Consultants, Inv. v. Todd o Third-Party Unfair Trade Practices Claim is not Recognized in Insurance Cases: Wilson v. Wilson M. LeAnn Nease, Analysis of Section 75-1.1 is a Valuable Resource Section Sponsored Antitrust Amendments Ratified Edmond Seferi, The Hidden Law of Section 75-1.1 in the Fourth Circuit: o Battle v. Duke University o Cheatham v. Ford Motor Co. o Barnes v. Cargill, Inc. o State ex rel. Edminsten v. J.C. Penny Co. o Dowless v. Warren-Rupp Houdailles Inc. o Harrah v. J.C. Bradford & Co., Inc. o Tudor Associates, Ltd. v. AJ & AJ Servicing, Inc. o Fairway Ltd. v. KFC National Management Co. o Sharpe v. American Family Publishers • • • o o o Harvey v. Taylor Country Farms Ltd. Catalog Marketing Services, Ltd v. Savitch Gordon v. National Business Consultants, Inc. Vol. 7, No. 2- March 1997 • • M. LeAnn Nease, The Chair's Comment Case Updates: o Contractor not Entitled to Treble Damages: Gilbane Building Co. v. Federal Reserve Bank of Richmond o Agreement Regarding Confidential Information was not in Restraint of Trade: Chemimentals Processing, Inc. v. McEneny o Home Buyers Could not Recover Under Builder's Insurance Policies: Henderson v. United States Fidelity & Guaranty Co. o Unfair Trade Practices Claim is Time-Barred Hinson v. United Financial Services, Inc. o Competitor Must Pay Damages for Trade Dress Infringement: Tools USA & Equipment Co. v. Champ Frame Straightening Equipment, Inc. o Failure to Provide Disclosure Statement was Unfair Trade Practice: Wilson v. Sutton o Representation of Salvaged Used Car as Reliable is Unfair Trade Practice: Huff v. Autos Unlimited, Inc. o Injured Driver Made Prima Facie Unfair Trade Practices Case Against Insurers: Murray v. Nationwide Mutual Insurance Co. o Pleading as to Frequency of Conduct not Required: Guilford Co. NC v. National Union Fire Ins. Co. of Pittsburgh, PA o Insurance Company did not Commit Unfair Trade Practice for Refusal to Contribute to Settlement: City of Roxboro v. Gulf Insurance Co. o Breach of Oral Lease Agreement is not Unfair Trade Practice: Computer Decisions, Inc. v. Rouse Office Management of North Carolina, Inc. o Receipt of Damages of Usury and Unfair Trade Practices was not a Double Recovery: Britt v. Jones o Defendant Attorney Could Not Claim Learned Profession Exemption: Davis v. Egerton Vol. 7, No. 3- June 1997 • • M. LeAnn Nease, The Chair's Comment Case Updates: o Geographic Limits are Necessary Part of Covenants not to Compete: Professional Liability Consultants, Inc. v. Todd o Filed Rate Doctrine is a Bar to Antitrust Allegations: North Carolina Steel, Inc. v. National Council on Compensation Insurance o Evidence of Fraud Also Supports Unfair and Deceptive Trade Practices Claim: McClain v. Walker o Petroleum Marketing Practices Act was not Violated: Richardson v. BP Oil Co. o Claim Based on Copyright Infringement was not Unfair Trade Practice: Armento v. Laser Image, Inc. o N.C.G.S. Section 75-1.1 Is Not Pre-Empted by the Packers and Stockyards Act: o Philson v. Cold Creek Farms, Inc. News Gathering and Journalism are not Exclusions Under N.C.G.S. Section 751.1: Food Lion, Inc. v. Capital Cities/ABC, Inc. Vol. 8, No. 1- December 1997 • • Norman B. Smith, The Chair's Comments Case Updates: o Plaintiff Made Prima Facie Section 75-1.1 Case: Baldine v. Furniture Comfort Corp. o Franchiser's Misuse of Advertising Funds an Unfair Trade Practice: Broussard v. Meineke Discount Muffler Shops, Inc. o Mortgage Company did not Commit Unfair Trade Practice: Canady v. Crestar Mortgage Corp. o Although Immune to Monetary Damages, Local Government May be Subject to Injunctive Relief: Carolina Water Service Inc. of N.C. v. City of Winston Salem o No Damages for N.C.G.S. Section 75-1.1 Violation without Proximate Cause: Food Lion, Inc. v. Capital Cities/ABC, Inc. o Noerr-Pennington and State Action Doctrines Protect Antitrust Defendants: Nursing Registry, Inc. v. Eastern North Carolina Regional Emergency Medical Services Consortium, Inc. o Developer Who did not Provide Amenities Committed Unfair and Deceptive Trade Practice: Schutzberg v. Flynt o Jury Finds Unfair Trade Practices, But No Damages to Claimant: G.P. Publications, Inc. v. Quebecor Printing-St. Paul, Inc. Vol. 8, No. 2 - April 1998 • • Norman B. Smith, The Chair's Comments Case Updates o Deceptive Acts Not Sufficiently Distinct from Fraud to Merit Two Damages Awards: Food Lion, Inc. v. Capital Cities/ABC, Inc. o Case Not Suitable for Litigation as a Class Action: In re Stucco Litigation o Out-of-State Counterclaim May Bring Unfair Trade Practice Claim: Hardee's Food Systems, Inc. v. Beardmore o Plaintiffs' Antitrust and Unfair Practices Claims are Arbitrable: National Association of Associate Publishers, Inc. v. Prince Publishing, Inc. o Broker Was Not a Seller Under the Robinson-Patman Act: Parker Ice Cream Co. v. Conopco o Subdivision Developer Committed Unfair Trade Practices: Schutzberg v. Flynt o "Advertising Injury" Coverage for "Unfair Competition" Limited to Competitors: Henderson] v. United States Fidelity & Guaranty Co. In Memoriam: F. Joseph Treacy, Jr. Andrea Lytle, A Day in the Life (or Death) of a Consumer Protection Bill • • Vol. 8, No. 3 - June/July 1998 • • Norman B. Smith, The Chair's Comments Case Updates: o Summary Judgement on Related Claim Did Not Preclude Award of Treble Damages: High Country Arts & Craft Guild v. Hartford Fire Insurance Co. o Unfair Trade Practices Not Covered Under Insurance Policy for Indemnification Purposes: Wake Stone Corp. v. Aetna Casualty & Surety Co. o Deception Regarding Lot Size Results in UDTP Award: Edwards v. West o Unfair Trade Practices Claims of Former Employees Not Exempt Under Section 75-1.1: Johnson v. First Union Corp. o Raffle Winner Without a Prize Did Not State Section 75-1.1 Claim: Jones v. Capitol Broadcasting Co., Inc. o Lack of Sufficient Factual Allegations Regarding UDTP Claim Results in Dismissal: Perry v. Carolina Builders Corp. o Breach of Covenant Not to Compete by Former Manager Was Unfair Trade Practice: Southern Building Maintenance, Inc. v. Osborne o Lender Did Not Commit Unfair and Deceptive Trade Practices: Wilkes National Bank v. Halvorsen Vol. 9, No. 1 - April 1999 • • • • Noel L. Allen, The Chair's Comments Fred B. Amos, II, State Oil Company v. Khan: Reconsidering the Per Se Illegality of Vertical Maximum Price Fixing Paul Ridgeway and Carolin Shulz, European Community Vertical Restraint Policies Slated for Significant Revisions Case Update o "Filled Rate Doctrine" Barred Claims Regarding Workers' Compensation Insurance: N.C. Steel Inc. v. National Council on Compensation Insurance o Breach of Promissory Note Not Unfair Trade Practice: Boyd v. Drum o Brokerages' Commission Agreement Not Unfair Trade Practice: Furr v. Fonville Morisey Realty, Inc. o Section 75-1.1 Claim Barred By Statute of Limitations: Jones v. Asheville Radiological Group, P.A. o Commercial Bribery is Per Se Unfair Trade Practice: Kewaunee Scientific Corp. v. Pegram o Employer's Claim is Not Within Scope of Section 75-1.1: Sara lee Corp. v. Carter Vol. 10, No. 1 - January 2000 • • Robin K. Vinson, The Chair's Comments Noel L. Allen, Antitrust Case Summaries o No Unfair Competition Between Furniture Manufacturers: Ashley Furniture Indus., Inc. v. SanGiacomo N.A. Ltd. o Back to Square One in Muffler Franchise Case: Broussard v. Meineke Discount Muffler Shops, Inc. o Denial of Motion to Compel Arbitration Reversed: o o o o o o o o o o o o Burke v. Wilkins Election of Remedies Order Was Reviewable by Court of Appeals: Charles Vernon Floyd Jr. & Sons, Inc. v. Cape Fear Farm Credit, ACA Was it a Sale or a Consignment: DKH Corporation v. Rankin-Patterson Oil Co., Inc. Failure to Execute Mediated Settlement Conference Agreement Can Lead to Sanctions: Few v. Hammack Enterprises, Inc. Intent to Mislead Not Necessary Under N.C.G.S. Section 75-1.1: First Atlantic Management Corp. v. Dunlea Realty Co. Insufficient Evidence to Show a General Business Practice by Insurer: Gray v. North Carolina Insurance Underwriting Assoc. Learned Profession Exemption Applied to Denial of Staff Privileges Case: Harris v. New Hanover Regional Medical Center Payment of Monthly Salary to Corporate Officer Was Not Unfair Trade Practice: Norman Owen Trucking, Inc. v. Morkoski No Subject Matter Jurisdiction for District Court in Joe Camel Case: R.J.Reynolds Tobacco Co. v. United States Federal Trade Commission Employee Barred from Bringing N.C.G.S. Section 75-1.1 Claim Against Employer: Seigel v. Patel Secondary Line Price Discrimination is Not Unlawful: Van Dorn Retail Management, Inc. v. Klaussner Furniture Industries, Inc. Relevant Market Not Established In Support of Antitrust Counterclaim: Victus, Ltd. v. Collezione Europa U.S.A., Inc. Insured Could Not Prove Regulatory Fraud Nor Unfair Trade Practice: Wysong & Miles Co. v. Employers of Wausau Vol. 11, No. 1 - October 2000 • • • Matt Sawchak, The Chair's Comments Neale T. Johnson, United States v. Microsoft Corporation: The Future of High-Tech Tying Claims Noel L. Allen, Case Updates o Two Opinions Hold Attorneys Exempt Under North Carolina Debt Collection Act: Reid v. Ayers Lake Community Assoc. v. Feldman o Court of Appeals Reconsiders Employer-Employee Exemption Under N.C.G.S. Section 75-1.1: Dalton v. Camp o Homeowner's Exemption Applied to Conveyance of Residence to Church by Elderly Nursing Home Resident: Stephenson v. Warren o Unfair Trade Practices Successfully Alleged Against Some Defendants: Walker v. Sloan o Attorney Fees Under N.C.G.S. Section 75-16.1 Could be Awarded for Violation of N.C. Debt Collection Practices Statute: Llera v. Security Credit Systems, Inc. o Town and Its Aldermen Immune from N.C.G.S. Section 75-1.1 Claim: Stephenson v. Town of Garner o Insurer's Stipulation Regarding Entitlement to Policy Benefits Did Not Defeat N.C.G.S. Section 75-1.1 Claim: Vazquez v. Allstate Insurance Co. Vol. 11, No. 2 - March 2001 • • • • Matt Sawchak, The Chair's Comments Joyce Plyler, B2B Basics: An Antitrust Perspective Henry L. Kitchin, Jr., Recent Antitrust Developments in the Airline Industry William G. Scoggin, Legislative Update Vol. 12, No. 1 - December 2001 • • • • • Mark Horoschak, The Chair's Comments Don Esposito, Hospital v. Hospital: Litigation Over Managed Care Restrictions Stein Named Head of Attorney General's Consumer Protection Office William G. Scoggin, The Microsoft Case: An Update Noel Allen, Case Updates o Egregious Conduct by and Employee Necessary for a Section 75-1.1 Violation: Dalton v. Camp o Defendants' Acts Were No Mere Breach of Contract: Edmondson v. American Motorcycle Association o No Bad Faith - But, Also, No Unfair Trade Practice by Insurer: Erler v. Aon Risks Services, Inc., o No Long-Term Criminal Conduct Shown to Support Rico Claim: GE Investment Private Placement Partners II v. Parker o Class Certification in Stucco Case Overruled: Lienhart v. Dryvit Systems, Inc. o Violation of Business Opportunity Sales Act Also an Unfair: Oset v. Interstate Brokerage of the Southeast, Inc. o Suit Over Expired Noncompetition Agreement Dismissed as Moot: Rug Doctor LP v. Prate o No Unfair Trade Practice by Insurer in Wake of Hurricanes: Topsail Reef Homeowners' Association v. Zurich Specialties London Ltd. o Unfavorable Holding for Defendants Reversed Pursuant to Gray: Westchester Fire Insurance Co. v. Johnson Vol. 12, No. 2 - April 2002 • • • • • Mark Horoschak, The Chair's Comments Joshua Stein and Lynne Weaver, Protecting NC Consumers: Recent Enforcement Activities by the Attorney General Donald C. Lampe, Federal Trade Commission as Financial Privacy Regulator Lee H. Simowitz, Baseball's Antitrust Exemption: Still Batting Cleanup David L. Baumer, Market Power, Demand Curves and Evidence in Antitrust Cases Vol. 13, No. 1 - February 2003 • • • • Denice M. Gunter, The Chair's Comments Mark Horoschak and Don Esposito, You've Got [Investigative] Mail: Responding to a Government Inquiry Jennifer W. Persico, FTC Focuses on Competition in Health Care Industry Noel L. Allen, Case Updates o Plaintiff Can Sue Dissolved Corporation for Unfair Trade Becker v. Graber builders Inc. o Insurer's Actions Were Unfair Trade Practice Country Club of Johnston County Inc. v. United States Fidelity & Guaranty Co. o Section 75-1.1 Claim Based on Other Unsuccessful Claims Fails as Well o o o o o o o o DaimlerChrysler Corp. v. Kirkhart No Compensation, No Covenant Not to Compete Dale K. Cline CPA PLLC v. Dahle Substantial Effects Test was Correctly Applied Dee-K Enterprises Inc. v. Heveafil Sdn. Bhd. Mere Breach of Contract is not Unfair Trade Practice Horack v. Southern Real Estate Co. of Charlotte, Inc. New Trial Ordered for Constructive Fraud Claim Keener Lumber Co. v. Perry Formula Still a Trade Secret Although Patent Expired Potter v. Hilemn Laboratories Inc. No Market Power - No Antitrust Violation R.J. Reynolds Tobacco Co. v. Philip Morris Inc. Violations of Section 75-1.1 by Both Sides South Atlantic Ltd. Partnership of Tennessee LP v. Riese Sufficient Evidence Presented to Withstand Summary Judgment Motion Static Control Components Inc. v. Darkprint Imaging Inc