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Tuesday, April 27, 2010

Chapter 75 Does Not Apply to Breaches of Fiduciary Duties Between Partners in N.C.

by Gary Beaver

On April 5, 2010, White v. Thompson, the N.C. Supreme Court held that NCGS §§ 75-1.1 (NC’s unfair and deceptive trade practices act) does not extend to a partner’s breach of his fiduciary duty owed to his partners within a single business. The Court ruled that such misconduct is not “in or affecting commerce.” This holding serves as a reminder that Chapter 75 claims are supposed to be directed at stopping bad business behavior between competing businesses and not designed to regulate purely internal business operations.

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