• 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…

  • Firm News

    LINDLEY LAW WILL PARTICIPATE IN THE 2019 ALZHEIMER’S ASSOCIATION WALK TO END ALZHEIMER’S ®

    On November 2, 2019, Lindley Law will participate in the Alzheimer’s Association Walk to End Alzhiemer’s ®.  This will be the second year we participate in the Charlotte walk, one of more than 600 nationwide, to raise awareness and money for Alzheimer’s. A significant portion of our practice is devoted to protecting the elderly and those suffering from all forms of dementia, including Alzheimer’s, from fraud schemes and elder abuse.  This is an issue near and dear to our hearts, and we are excited to make a positive impact! Our firm set a fundraising goal of $5,000 to go toward research, care, and support.  If you wish to donate, please…

  • Blog Post

    IMPLIED WARRANTIES IN NORTH CAROLINA CONSTRUCTION

      PART 1   The construction industry is largely governed by contracts.  Mr. and Mrs. Smith contract with Reputable Construction, LLC to build a single-family home.  The rights and responsibilities of both parties are generally determined by the contents of the contract, as enforced by North Carolina law.  The contract could include express warranties – specific stipulations providing an assurance of some particular item or service in relation to the contract.  An express warranty could also be provided orally, in conversations between the Smiths and Reputable Construction.  North Carolina also recognizes implied warranties in construction contracts – warranties neither explicitly included in the written contract nor orally discussed.  Implied warranties…

  • Blog Post

    FRAUD CLAIMS AND THE RULE 9 HEIGHTENED PLEADING STANDARD

      What is Fraud?   Fraud is broadly defined as an intentional misrepresentation or concealment of material fact made with intention and calculation to deceive, causing the other party to be deceived and, as a result, harmed.   Elements   In North Carolina, a civil claim of fraud has five essential elements. A false representation or concealment of material fact; Reasonably calculated to deceive; Made with the intent to deceive; Which does in fact deceive; and Resulting in damages to the party deceived.   Rule 9   North Carolina is generally a notice pleading jurisdiction – if a Defendant is “on notice” of the facts in a complaint, and the…