Legal Opinion

Walker v. Branch Banking and Trust Co.

Court of Appeals of North Carolina

Decided June 15, 1999No. COA98-894PublishedCited by 17 opinions

1Opinion of the Court

HORTON, Judge.

Plaintiff assigned error to the trial court’s denial of his motion for partial summary judgment on his claim against defendants for unfair trade practices, and the trial court’s grant of summary judgment for defendants on all of plaintiffs claims.

To prevail on a claim based on an alleged unfair trade practice,

a plaintiff must show (1) an unfair or deceptive act or practice, or unfair method of competition, (2) in or affecting commerce, (3) which proximately caused actual injury to plaintiff or his business. A practice is deceptive if it has the capacity or tendency to deceive…

2Cases cited9 opinions

  1. Johnson v. Phoenix Mutual Life InsuranceSupreme Court of North Carolina · 1980
  2. Hardy v. TolerSupreme Court of North Carolina · 1975
  3. Spartan Leasing Inc. v. PollardCourt of Appeals of North Carolina · 1991
  4. Ellis v. Smith-Broadhurst, Inc.Court of Appeals of North Carolina · 1980
  5. Pinehurst, Inc. v. O'Leary Bros. Realty, Inc.Court of Appeals of North Carolina · 1986

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Belk, Incorporated v. Meyer Corporation, U.S.Court of Appeals for the Fourth Circuit · 2012
  2. Whitaker v. Mortgage Miracles, Inc. (In Re Summit Place, LLC)United States Bankruptcy Court, W.D. North Carolina · 2002
  3. In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2013
  4. Gupton v. SON-LAN DEVELOPMENT CO., INC.Court of Appeals of North Carolina · 2010
  5. Carotek, Inc. v. Kobayashi Ventures, LLCDistrict Court, S.D. New York · 2012

12 more not listed; retrieve them via the Exa API.

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