North Carolina Business Litigation Report

Pack Brothers Body Shop, Inc. v. Nationwide Mut. Ins. Co., 2003 NCBC 2 (N.C. Super. Ct. April 1, 2003)(Tennille)

The case considered post-trial motions, after plaintiff did not prevail on its claims for defamation and unfair and deceptive practices. The court awarded costs for expert witness fees, pursuant to its discretionary authority under under N.C.G.S. §6-20. The Court also awarded attorneys' fees pursuant to N.C.G.S. §75-16.1, which permits an award of attorneys' fees when the plaintiff knew, or should have known, that its unfair and deceptive trade practices action was frivolous. THe Court found that the plaintiffs had prosecuted their case in a frivolous and malicious manner, and that they had pursued it not to recover actual damages, but rather to "punch a lottery ticket or as an 'industry cause.'"

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Mack Sperling
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