Riggs v. Orkin, Inc.

2 Citing cases

  1. God's Little Gift, Inc. v. Airgas, Inc.

    DOCKET NO. 3:17-cv-00004-FDW-DSC (W.D.N.C. Oct. 2, 2017)

    Defendant quotes the Court in Riggs v. Orkin as stating, "North Carolina courts are extremely hesitant to allow plaintiffs to attempt to manufacture a tort action and allege [UDTPA claims] out of facts that are properly alleged as a breach of contract claim." Riggs v. Orkin, 2011 WL 2417016, at *3 (E.D.N.C. June 13, 2011). Immediately preceding this sentence, however, the Court also noted that a plaintiff must allege "substantial aggravating circumstances attending the breach to recover under the [UDTPA]."

  2. Salley v. Bank of Am., N.A.

    No. 5:13-CV-753-D (E.D.N.C. Jun. 18, 2014)   Cited 9 times

    Specifically, the party must allege "the time, place, and contents of the false representations, as well as the identity of the person making the misrepresentation and what he obtained thereby." Harrison v. Westinehouse Savannah River Co., 176 F.3d 776, 784 (4th Cir. 1999) (quotation omitted); see McCaulev v. Home Loan Inv. Bank, F.S.B., 710 F.3d 551, 559-60 (4th Cir. 2013); United States ex rel. Nathan v. Takeda Pharms. N. Am., 707 F.3d 451, 455-61 (4th Cir. 2013); Adkins v. Crown Auto, Inc., 488 F.3d 225, 231-32 (4th Cir. 2007); Dunn v. Borta, 369 F.3d 421, 426-34 (4th Cir. 2004); United States ex rel. Harrison v. Westinghouse Savannah River Co., 352 F.3d 908, 921-22 (4th Cir. 2003); Riggs v. Orkin, Inc., No. 7:11-CV-5-D, 2011 WL 2417016, at *3 (E.D.N.C. June 13, 2011) (unpublished).