Renowned author Nicholas Sparks is currently being sued by the former headmaster of the New Bern, North Carolina school founded by Sparks. Saul Benjamin alleges Sparks defamed him by telling parents of the students that Benjamin suffered from mental health problems. What is defamation, and how is it proved in court? (Benjamin also alleges Sparks violated the Americans with…
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UNJUST ENRICHMENT
Party A and Party B enter into a contract. Party A will perform a service for pay from Party B. Party A performs the agreed-upon services, but Party B refuses to pay. What happens? As most of us know, Party A can sue Party B for breaching the contract. But what happens if there is no contract? A common…
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WRONGFUL DEATH ACTIONS
Adam Patrick Browne’s life tragically ended on October 8, 2018. He was run over by a car driven by his former fiancée, Victoria Keaveny, after she consumed alcohol at a restaurant in Gastonia, North Carolina. Pursuant to a settlement filed under seal in Gaston County Superior Court, that restaurant will pay wrongful death proceeds to Browne’s estate for its role…
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INTERVIEW WITH MARY PAVLINCHAK
What are your responsibilities at Lindley Law? From open to close, I help clients and prospective clients get their questions answered. Even if their legal issue is not something we can help with, it is my job to listen to them and let them know that they are heard. As office administrator, I am also responsible for keeping…
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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…
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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…
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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…
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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…
