• Blog Post

    Jilted North Carolina Spouse wins $8.8 Million over Wife’s Affair

      Last week a Superior Court judge in Durham, North Carolina awarded Keith King $8.8 million dollars in damages against Francisco Huizar III, a man who had an affair with King’s wife.  This verdict is the result of North Carolina’s alienation of affection and criminal conversion laws.  A remnant of English common law, causes of action for alienation of affection and criminal conversion allow a spouse to recover damages when a third party interferes with the relationship and causes deprivation of affection, frequently seen in cases of adultery.   At trial Keith King showed that he and his wife, Danielle, were happily married from 2010 until 2015.  In 2015, Danielle…

  • Blog Post

    Resolving Legal Disputes Through Mediation

    In our ongoing series of posts about arbitration, an increasingly popular form of private dispute resolution across the United States.  This week, we will discuss another prevalent system for resolving legal disputes outside of the public court system, mediation. Although arbitration and mediation both use independent third-parties to resolve legal disagreements, there are many differences between the two forms of alternative dispute resolution.  Arbitration is a privatized version of a trial.  In arbitration, the parties present evidence and testimony to persuade the arbitrator that they are entitled to certain relief under the law.  Mediation, on the other hand, is essentially an ongoing settlement negotiation.  A mediator does not decide which…

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    A Beginners Guide to Arbitration – Part 2 Pros and Cons of Arbitration

    Our June 11th blog post broadly discussed arbitration and the upward trend of including mandatory arbitration clauses in agreements.  This week, we analyze the pros and cons of arbitration to elucidate when arbitration clauses are useful and when they are potentially harmful.   In arbitration, individuals and entities bring legal claims against one another outside the public court system.  Although many aspects of arbitration are similar to a civil court trial, arbitration has a number of key differences.   Pros Speed – Arbitration is generally faster than litigation. Whereas litigation often takes years, the arbitration process may only take a few months. However, arbitration can take longer when there are…

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    Stormy Daniels and Uber: How Nondisclosure Agreements Affect Your Rights

    Lately the term “non-disclosure agreements” (or “NDAs”)  have inundated the news. These secretive agreements are now forefront in headlines about Stormy Daniels’ alleged affair with President Trump and Uber’s evolving corporate culture in response to claims of sexual harassment and discrimination. This has left many non-lawyers wondering: why do parties enter non-disclosure agreements and how do these agreements work? NDAs are contractual agreements designed to keep specified information confidential.  Such agreements list and/or describe the information prohibited from disclosure and the punishment for disclosing such information, often, a large sum of money known as liquidated damages.  Generally, parties are free to enter a non-disclosure agreement regarding any information, except that…

  • Blog Post

    The Laws About Leaving Your Dog In The Car

    Charlotte weather is known for being wildly unpredictable.  Think back to January when it was 70 degrees one day and snowing the next.  The only certainty in Charlotte’s weather is that the summer will be HOT. One issue discussed each summer is the protection of our pets on those hot summer days, specifically when pets left in hot vehicles. Every staff member at Lindley Law, PLLC is a proud dog owner and many days in the office we celebrate bring your pup to work day.  Charlotte is one of the most dog friendly cities around, leading to Charlotte Magazine articles titled, “Are Dogs Replacing Kids”.  We understand the desire to…

  • Blog Post

    The Limitations of Subpoenas: When are They Too Much?

    Have you or your company ever been subpoenaed by someone and you wonder, “wait, why am I being dragged into their mess?” It seems unfair. Why should you have to take time out of your busy day to help someone else either pursue or defend their own lawsuit? Let’s face it, most people don’t want to be involved in litigation of any kind, let alone someone else’s litigation. There’s nothing to be gained and only time and money to be lost. However, a North Carolina Business Court ruling last year made clear that non-parties to the case should not be unduly burdened with subpoena requests or required to turn over…

  • Blog Post

    Do Not Resuscitate Tattoo Sparks Legal and Ethical Dilemma

    Imagine: you are an emergency room doctor and an unconscious 70-year-old man arrives. He has an elevated blood alcohol level, a history of chronic obstructive pulmonary disease (COPD), diabetes, and atrial fibrillation. He has no identification. No friends. No family. He does, however, have a tattoo that reads: “DO NOT RESUSCITATE” along with his signature.   Do Not Resuscitate orders (DNRs) are standard in the medical field and often arise in cases of terminal illness or incurable diseases. Many people sign DNRs because they do not want their doctors and family members to keep them alive if they are in a persistent vegetative state with little to no hope of…

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    Blog Post

    Is it Legal to Ban Kids from Restaurants?

    There’s a restaurant in my neighborhood that has a “no children in the bar side of the restaurant” rule. It is a family-friendly Italian restaurant with arguably the best pizza in town. We had no idea of the policy, though we noticed that one side of the restaurant always had tons of children. After the birth of our first child we discovered why. When we requested our favorite booth, we were immediately shut down: “no children or babies on the bar side of the restaurant.” With our heads hanging, we made our way to the “kids’ side.” Were we mad? No. Did we understand? Absolutely. Did we still get to…

  • Blog Post

    The Dos and Don’ts of Social Media and Your Job

    Misusing social media can get you fired if you’re not careful. It can also cost you a prospective job, scholarship, or enrollment at a university. If you post something incendiary, self-incriminating, racist, or anything that otherwise casts the company you work for in a bad light, you might be fired for it. When combing through stacks of resumes that all begin to look the same, some employers or admissions officers may turn to the social media of candidates and applicants for more information and finding questionable or incendiary content may cost you as well.   An increasing number of states are banning employers from requesting access to their employees’ and…

  • Blog Post

    The Legality of Little Lemonade Stands

    While driving through the residential neighborhoods of Charlotte, North Carolina in the hot summer months, it’s not hard to find kids selling lemonade. I’ve seen three in the last three weeks. Harnessing their budding entrepreneurial skills (and perhaps at the suggestion of a parent tired of their kids watching television), setting up a lemonade stand is a relatively simple task. All you need is a pitcher, cups, water, sugar, lemons, knowledge of zoning laws, heath regulations, the fire code, federal income tax implications, and potentially a peddler’s license or a license to solicit charitable donations.   In a perfect world, police and city officials would use a bit of common…