State of North Carolina ex rel. Cooper v. McClure, 2005 NCBC 6 (N.C. Super. Ct. Oct. 28, 2005)(Tennille)

The Court refused to reconsider its decision that plaintiffs were not entitled to make an unfair and deceptive practices claim. It had previously found that such claims could not be made due to the extensive regulatory scheme surrounding the matters at issue.

The Court did reconsider, however, its determination that the plaintiffs were not entitled to damages under N.C.G.S. §133-28, which allows a governmental entity which enters into a contract which "is or has been the subject of a conspiracy" to recover damages. It held that this would be an issue for trial.

Full Opinion

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