To bring a lawsuit in the United States, one must have “standing.” This legal principle essentially requires the person or company filing a lawsuit have an interest in a dispute. That interest could involve a piece of property subject to an easement, a Constitutional right, or an injury suffered at the fault of another. In an ongoing U.S. Court of Appeals case nicknamed the “monkey selfie” case, defense attorney Andrew Dhuey argues a monkey cannot satisfy the requirement of standing, saying, “monkey see, monkey sue is not good law – at least not in the Ninth Circuit.” Despite the fact that the case was dubbed…
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Now Hiring: Full-Time Attorney
Company Overview: Lindley Law, PLLC is a boutique litigation firm conveniently located across the street from the Mecklenburg County Courthouse in Uptown Charlotte. Lindley Law handles civil commercial litigation matters throughout North Carolina, representing corporations, small businesses, and individuals. We offer services in various civil litigation practice areas and concentrations, including, but not limited to, complex business litigation, trust and estate litigation, employment law, construction litigation, landlord-tenant disputes, and guardianship and incompetency proceedings. Please visit our website for more information: www.lindleylawoffice.com. Lindley Law seeks to hire an associate to join the practice, which currently has two practicing attorneys. The position is available immediately. The successful candidate will be a…
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Mental Incompetency in Guardianship and Divorce
It is not uncommon for courts to name one’s spouse as their guardian, but what happens when the incompetent party wants to get divorced from his wife and guardian? Can one be incompetent, yet understand the consequences of and express a desire to get divorced? Carolyn, the wife of an eighty-eight year old Kentucky man, Elmer Riehle, petitioned the court to appoint a guardian for her husband for financial reasons – to protect both herself and Elmer.[1] Carolyn decided to file the petition after Elmer sent thousands of dollars of the couple’s money to an e-mail scammer claiming to…
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Independent Contractors vs. Employees: Classifications, Considerations, Consequences, and Cases
Whether a person is an independent contractor or an employee has important legal implications. The distinction affects the rights of the independent contractor/employer, income taxes, and the liabilities of both employer and worker. Considerations In determining the worker’s classification, courts look at the facts surrounding an employment relationship and ask the following questions:[1] Does the company control what the worker does and how they do it? How is the worker paid? Are expenses reimbursed? Who provides the tools/supplies? Are there written contracts? Are there employee benefits? Is the work performed an integral part of the business? Does the…
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Beware of the Summertime Grandparent Scams
With school out and college kids exploring the world, so-called “Grandparent Scams” are on the rise. These insidious scams prey on the reputation of grandparents as willing to help their grandchildren and the possibility that their memories might be weakened by age or illness. Elder abuse scams, like this one, result in over $35 billion lost each year. How they work: Scammers employ several methods to find their victims. Stereotypically old-fashioned names in a phone book are used as targets, as well as folks on lists for certain publications or services that cater to the elderly. Once the…
