• Blog Post

    ENFORCING A FOREIGN JUDGMENT

    You just won a civil judgment, but the judgment debtor is in another state.  How are you going to enforce it?  Consider a simple example: ABC Corporation (“ABC”) forms a contract with XYZ, Inc. (“XYZ”) wherein XYZ agrees to purchase 1,000 widgets from ABC at $100 per widget and ABC agrees to deliver the widgets to XYZ at a particular…

  • Blog Post

    EMOJIS IN COURT (*CONFUSED FACE EMOJI*)

    With the continued rise of social media platforms and the increased prevalence of smart phones, courts are presented with the conundrum of interpreting the legal import of emojis, or small digital images that express an idea without the use of alphabetical characters.  The written expressions of a litigant or witness to a case provide valuable evidence; however, in the case…

  • Blog Post

    NORTH CAROLINA RV DEALERSHIP PLANTS ITS FLAG

    With the Fourth of July approaching, skylines and neighborhoods will be dotted with American flags.  This widely known symbol of patriotism and pride can sometimes lead to legal issues.  Take, for example, the 40×80-foot American flag flying above the parking lot of Gander RV (formerly Camping World) in Statesville, North Carolina.  CEO Marcus Lemonis publicly refused to take the flag…

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    AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS, INC. v. FCC: “Robocalls” and the First Amendment

    In a recent decision, the Fourth Circuit Court of Appeals addressed the First Amendment implications of federal debt-collection automated calls.  More specifically, the court analyzed the Telephone Consumer Protection Act (the “TCPA”), a law which protected such calls as an exemption to its general prohibition against calls to personal phones using an automated telephone dialing system.   What is the…

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    UPDATE: LET THEM DRINK LEMONADE

    What’s better than a cold glass of lemonade in the summer sun?  With summer upon us, lemonade stands are in the news once again.  Texas passed a law permitting the sale of lemonade or other nonalcoholic drinks at stands on private property.  How does North Carolina handle lemonade stands?  Previously discussed by Lindley Law, perhaps it is time for a…

  • Blog Post

    THE SHAREHOLDER LAWSUIT AGAINST PYXUS INTERNATIONAL: A VIEW OF CLASS ACTION CASES

    A class action lawsuit was filed in the United States District Court with the Eastern District of North Carolina against Pyxus International, Inc. (“Pyxus”).  The lawsuit focuses on those persons who acquired shares in Pyxus between June 7, 2018 and November 8, 2018, a period which coincides with steep drops in the company’s share price.  Class action lawsuits are common…

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    INTERSAL, INC. v. SUSI H. HAMILTON, et al.: a Separate Battle over Pirates and Treasure

    In another case distinct from last week’s shipwreck blog post, salvage company Intersal, Inc. (“Intersal”) seeks to overturn a decision in favor of the North Carolina Department of Natural and Cultural Resources (the “NCDNCR”), the Secretary for the NCDNCR, the State of North Carolina, and the now-dissolved non-profit company Friends of Queen Anne’s Revenge (“FQAR”).  Unlike the previous blog post,…

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    FREDERICK ALLEN and NAUTILUS PRODUCTIONS, LLC v. ROY A. COOPER, III, et al.: a Battle over Piracy and Sunken Treasure

    The plaintiffs in Frederick L. Allen and Nautilus Productions, LLC v. Roy A. Cooper, III,, et al., a four-year civil lawsuit over the rights to video and photographic footage of the recovery of the wreckage of the Queen Anne’s Revenge (the ship captained by the infamous pirate known as Blackbeard), recently filed a petition for a writ of certiorari seeking…

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    UPDATE: ARETHA FRANKLIN’S ESTATE

    At the time of her death last year, it was believed that Aretha Franklin died intestate, or without a will.  In the absence of a will, state intestacy laws determine how estate assets will be distributed.  However, three handwritten wills were recently discovered in the famed singer’s home.  If one or more of these documents is found to be a…

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    RULE 38: NO SUBSTITUTION FOR GOOD JUDGMENT

    The recent North Carolina Court of Appeals decision in Weishaupt-Smith v. Town of Banner Elk represents North Carolina’s first appellate ruling interpreting Rule 38(b) of the North Carolina Rules of Appellate Procedure, which provides the second of three (3) categories in which substitution of a party to a dispute on appeal is permitted.  Although this rule was adopted in 1975,…