• Blog Post

    TORTIOUS INTERFERENCE WITH EXPECTED INHERITANCE

    North Carolina recognizes a cause of action for tortious inference with expected inheritance.  This cause of action can be confused with tortious interference with prospective economic advantage, which occurs in the context of a contract or potential contract. Conversely, tortious interference with expected inheritance occurs in the context of a will or estate, rather than in the context of a contract or potential contract.  Further, unlike a cause of action for undue influence, which permits recovery by the testator (the person executing the will), tortious interference with expected inheritance permits recovery by the individual expecting to benefit from the testator’s will.   The Elements   To prove tortious interference with…

  • Blog Post

    “ROBOCALLS” AND THE FIRST AMENDMENT: A LEGISLATIVE UPDATE

    In a recent blog post, Lindley Law discussed the Fourth Circuit Court of Appeals ruling in Ameican Association of Political Consultants, Inc. v. FCC, which addressed First Amendment questions regarding the regulation of “robocalls” related to debt collection for government-backed loans.  The United States Congress recently announced proposed legislation to combat the practice of robocalling: the Pallone-Thune TRACED Act (the “TRACED Act”).   The Proposed Legislation   The TRACED Act will combine and reconcile the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, which passed in the Senate in May, with the Stopping Bad Robocalls Act, which passed in the House of Representatives in July.  The separate bills created new…

  • Blog Post

    DISINHERITED SPOUSES AND THE RIGHT OF ELECTIVE SHARE

    Ric Ocasek, famed singer for The Cars, recently passed away leaving behind a will that purportedly removes his estranged wife, Paulina Porizkova, as a beneficiary of his estate.  Ocasek and Porizkova were in the process of divorcing when Ocasek died; however, the divorce was not finalized, and the two were still legally married.  Removing one’s spouse from an estate plan – often referred to as disinheriting a spouse – is common, particularly when spouses are separating and divorcing.  States that have adopted the Uniform Probate Code, or similar statutes, create protection for a disinherited spouse in the form of the right of elective share.   What is Elective Share?  …

  • Blog Post

    WHAT IS THE SERVICEMEMBERS CIVIL RELIEF ACT?

    In honor of the upcoming Veterans Day holiday, this blog post will discuss the Servicemembers Civil Relief Act (the “SCRA”), which provides specific protections for those in active duty military service, as well as their dependents.   The SCRA’s Specified Protections   The SCRA was enacted in 2003 and recognizes that those in active duty military service may not be able to participate in certain civil affairs, and creates certain protections for those who qualify.   Default judgment protection. In order to obtain a default judgment against a defendant who failed to make an appearance in the proceeding, the plaintiff must file an affidavit certifying whether or not the defendant…

  • Firm News

    2019 ALZHEIMER’S ASSOCIATION WALK TO END ALZHEIMER’S®

    On Saturday, November 2, Lindley Law completed the 2019 Walk to End Alzheimer’s® in Charlotte, North Carolina.  It was a wonderful opportunity to reflect on the many people affected by the disease and to celebrate the efforts to find a cure.   Our firm is also proud to announce it exceeded its $5,000 fundraising goal by raising $6,252!  Thank you to all who donated.  With your help, we are that much closer to finding a cure.

  • Blog Post

    EPIC GAMES EMPLOYEE ALLEGEDLY LEAKS EPICLY SECRET DETAILS ABOUT FORTNITE CHAPTER 2

    North Carolina-based Epic Games filed a lawsuit over the alleged leak of secret information related to Fortnite Chapter 2.  The company claims employee Ronald Sykes violated the terms of a non-disclosure agreement by sharing information related to the new game, including new game-play features and a virtual map of the fictional game universe, prior to its public release.  The success of Epic Games’ claims will primarily hinge on whether the non-disclosure agreement is enforceable and whether the allegedly leaked information constituted protected trade secrets.   Non-Disclosure Agreements   A non-disclosure agreement (“NDA”) is a contract, or part of a contract, that prohibits one or more parties from disclosing certain confidential…

  • Firm News

    UPDATE FOR THE 2019 ALZHEIMER’S ASSOCIATION WALK TO END ALZHEIMER’S ®

    Lindley Law looks forward to participating in the Alzheimer’s Association Walk to End Alzhiemer’s ®, which takes place in three days.   Our firm set a fundraising goal of $5,000 to go toward research, care, and support.  Thank you to all who donated and helped us raise awareness.  If you still wish to donate, please follow this link, which will remain active until November 2, 2019, and give whatever you can.   Thank you for your support!

  • Blog Post

    DO I NEED TO RESPOND TO THIS SUBPOENA?

    A subpoena is a very useful tool for gathering information in civil litigation.  They are also used in other contexts, such as by the United States Congress (for example, the congressional subpoena issued to Rudy Giuliani).  A civil subpoena is a document provided to an individual or entity compelling that individual or entity to do something – either to testify or to provide documents or other forms of evidence.  In North Carolina, the form and function of a subpoena is explained in Rule 45 of the North Carolina Rules of Civil Procedure.   Form and Service: What Should My Subpoena Look Like and How Do I Need to Serve It…

  • Blog Post

    DUKE’S MAYONNAISE TRADEMARK DISPUTE

    Duke’s Mayonnaise can trace its roots to 1917 in Greenville, South Carolina.  Founder Eugenia Duke developed a recipe for mayonnaise to add to sandwiches she sold to soldiers fighting in World War I.  Eventually, the sandwich shop became an independent business – the Duke Sandwich Company – and Duke’s mayonnaise continued to be produced by new owner C.F. Sauer Company.  Nearly 100 years later, C.F. Sauer Company is suing Duke Sandwich Company over alleged trademark infringement and trademark dilution.  C.F. Sauer’s lawsuit claims other causes of action, including unfair competition, which fall outside of the scope of this article.   A Foundation in Trademark Law   The Lanham Act protects…

  • Blog Post

    IMPLIED WARRANTIES IN NORTH CAROLINA CONSTRUCTION

      PART 2   This article follows Lindley Law’s blog post on implied warranties in construction contracts.  While the previous article focused on warranties protecting the purchaser, this article will focus on warranties protecting the general contractor and subcontractors.   The Implied Warranties Protecting General Contractors and Subcontractors   The Implied Warranty of Suitability of Plans and Specifications. In nearly all construction projects, someone other than the general contractor creates the plans and specifications for a construction project.  This warranty assures the general contractor that the plans and specifications were created in accordance with a reasonable standard of care and are essentially free of design errors.  The Smiths hire Not…