• 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,…

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    LAMARRE V. MARTINEZ: A (QUIET) DISCUSSION OF ACTIONS TO QUIET TITLE

    The recent North Carolina Court of Appeals decision in LaMarre v. Martinez addresses an action to quiet title between parties to a real property transaction.  Specifically, the court provides guidance for determining the applicable statute of limitations.   Actions to Quiet Title   In North Carolina, an action to quiet title may be brought to determine the validity of adverse…

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    JOHN SINGLETON CONSERVATORSHIP AND ESTATE

    John Singleton entered Hollywood in a truly historic fashion.  Not only was he the first African American to be nominated for an Oscar for Best Director for his debut film Boyz N the Hood, but he did so at the age of 24, making him the youngest ever nominee for the category.  Sadly, Singleton’s career was cut short when he…

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    INTERVIEW WITH KEVIN CLEYS

    What are your responsibilities at Lindley Law?   I am the newest attorney with the firm, and collaborate with Satie Munn and Trey Lindley on all of our cases.  I have also had the pleasure of taking over a few cases of my own.  I enjoy the breadth of practice areas our firm encompasses, as each new case and new…

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    ENFORCING COVENANTS NOT TO COMPETE AGAINST DOCTORS: PUBLIC POLICY CONSIDERATIONS

    The North Carolina Court of Appeals decision in Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar highlights the unique impact of public policy considerations when determining the enforceability of a non-compete agreement against a medical doctor.  To what extent are such agreements enforceable?  At what point does the concern for the health of the general public outweigh the…