• Blog Post

    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 the office functioning.  This responsibility is not easy to define – I make sure we are organized, have sufficient supplies, and remain as efficient as possible as we address our clients’ concerns.   Finally, as paralegal, I work in support of and in tandem with the attorneys to ensure we…

  • Blog Post

    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 location on a particular date.  XYZ renders payment in full, but on the date of delivery, ABC only delivers 500 widgets.  XYZ sues for breach of contract and wins; however, the lawsuit occurred in South Carolina pursuant to a provision in the contract that requires dispute resolution to occur there,…

  • Blog Post

    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 of emojis, the meaning of those expressions can become convoluted.  For example, courts have found that emojis can be interpreted to mean: a contract was formed; an individual was communicating a threat; or the communicant possessed guilty knowledge.   The North Carolina Rules of Evidence, similar to all other states,…

  • Blog Post

    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 down, despite increasing fines for its alleged violation of a city ordinance limiting the size of flown flags.   Statesville passed the relevant ordinance in an effort to prevent the growing practice of displaying Confederate flags.  Lemonis, and others, objected that the ordinance applies to flags of any kind, even…