91 N.C. App. 13 - McDonald v. Scarboro’s Empirical Analysis
1988
Citation profile
2 district · 34 state decisions
How this case has been cited
Cited by 65 later decisions — most recently August 2019 · most notably 146 N.C. App. 137 - Reichhold Chemicals, Inc. v. Goel (2001), 102 N.C. App. 484 - United Laboratories, Inc. v. Kuykendall (1991)
2 district · 34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Phoenix Mutual Life Insurance · Hardy v. Toler · Concrete Service Corp. v. Investors Group, Inc. · Concrete Service Corp. v. Investors Group, Inc. · 34 N.C. App. 503 - Love v. Pressley
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[u]nfair competition has been referred to in terms of conduct which a court of equity would consider unfair. Thus viewed, the fairness or unfairness of particular conduct is not an abstraction to be derived by logic. Rather, the fair or unfair nature of particular conduct is to be judged by viewing it against the background of actual human experience and by determining its intended and actual effects upon others.”
3 later decisions quote this exact passage“In any suit instituted by a person who alleges that the defendant violated G.S. 75-1.1, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the prevailing party, such attorney fee to be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge that: (1) The party charged with the violation has willfully engaged in the act or practice, and there was an unwarranted refusal by such party to fully 'resolve the matter which constitutes the basis of such suit[.]”
2 later decisions quote this exact passage“The overall purpose and legislative intent of G.S. 75-1.1 is “to declare deceptive acts or practices in the conduct of any trade or commerce in North Carolina unlawful, to provide civil means to maintain ethical standards of dealings between persons engaged in business and the consuming public within this State, and to enable a person injured by deceptive acts or practices to recover treble damages from a wrongdoer.” Furthermore, “[t]he statutes do not protect only individual consumers, but serve to protect business persons as well.” Thus, disputes between competitors in business fall under the province of the statute. Whether a trade practice is unfair or deceptive usually depends upon the facts of each case and the impact the practice has on the marketplace. Based upon the jury’s findings of fact, the court must determine as a mat ter of law whether a defendant’s conduct violates this section. [Citations omitted.]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.