The North Carolina Business Court (“Business Court”) is a specialized forum designed to adjudicate cases involving complex and significant issues of corporate governance and commercial law. If a dispute involves one of the subject matters enumerated in North Carolina General Statute § 74-45.4, then the case shall be designated and assigned to the Business Court. Cases may also qualify for discretionary assignments to the Business Court under Rule 2.1 of the General Rules of Practice for Superior and District Courts if it does not qualify for mandatory designation but involves certain other factors. Mandatory designations are governed by…
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North Carolina Business Court Enforces Arbitration Agreement Prohibiting Discovery, Live Testimony, and a Full Hearing
In a January 2016 (unpublished) order, the North Carolina Business Court (NCBC) enforced a contract provision compelling arbitration and prohibiting any discovery prior to the arbitration.[1] In Taggart v. Physicians Pharmacy Alliance, Inc., James Taggart sold his business, Physicians Pharmacy Alliance, Inc. (“PPA”), in a stock purchase agreement. The agreement contains a provision mandating arbitration as to “any claim, controversy, or other matter in question based upon, arising out of, or otherwise in respect of this Agreement.” The agreement further specifies: “[i]t is the desire and intent of the Parties that such arbitration be held without any discovery,…
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A Primer on the North Carolina Wage and Hour Act: What Every Employer and Employee Should Know
Overview The North Carolina Department of Labor is charged with promoting the “health, safety, and general well-being” of more than 4 million workers in the state. The Wage and Hour Bureau of the North Carolina Department of Labor enforces the Wage and Hour Act of North Carolina.[1] This Act and its amendments protect employees by providing requirements regarding: (1) minimum wage; (2) overtime requirements; (3) wage (including bonus and commission) payments; (4) payments of promised benefits such as vacation pay; (5) child labor; and (6) recordkeeping. The majority of all North Carolina employees are covered by the North Carolina Wage and Hour Act (NCWHA), subject to a few…
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Lindley Law Now Hiring Associate!
Company Overview Lindley Law, PLLC is a startup law firm 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 individual clients. We offer services in various civil litigation practice areas and concentrations, including, but not limited to, 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…
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North Carolina Court of Appeals Clarifies Reach of Clerk of Court’s Original Jurisdiction
A recent decision by the North Carolina Court of Appeals reinforced the distinction between claims over which the trial divisions have original jurisdiction and claims which are properly brought before the Clerk of Court.[1] In Morgan-McCoart v. Matchette, an elderly woman, Ms. Simpson, created a revocable trust and executed a Durable Power of Attorney in 2008. Her daughter, Julie, was named as her trustee and attorney-in-fact, and her other daughter, Claudia, was named as the alternate trustee and attorney-in-fact. Ms. Simpson was declared incompetent in 2009. Julie lived in California, making it difficult to fulfil her duties. Accordingly, Julia…
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Trey Lindley Selected as a 2016 North Carolina Rising Star in Business Litigation
Lindley Law is pleased to announce Trey Lindley was selected as a Rising Star in Business Litigation by Super Lawyers Magazine for the fifth consecutive year in a row. Super Lawyers Magazine recognizes outstanding attorneys who are 40 or under, or who have been practicing for 10 years or less. The multi-step process involves soliciting nominations from attorneys across the state (lawyers are not allowed to vote for themselves), followed by a thorough case-by-case review of each nominee. Nominees have attained a high degree of peer recognition and professional achievement. No more than 2.5% of North Carolina Lawyers are named to…
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Tenant Rights: Have You Been Constructively Evicted?
One month into Adam’s lease he starts to notice maintenance and/or safety issues with the house he is renting. After a rainstorm, Adam finds a few leaks in the ceiling. The windows in his house do not close all the way, and he was electrocuted once when turning on the garage light. He then begins to have respiratory issues and notices mold in the den and bathroom ceilings. Adam notifies his landlord of these problems and the landlord assures Adam the issues will be fixed promptly. Several maintenance professionals come to the house but do nothing significant. Days or weeks pass and, despite repeated assurance from…
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Lindley Law is Hiring!
Media Director / Office Manager Position Company Overview Lindley Law, PLLC is a startup law firm 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 individual clients. We offer services in various civil litigation practice areas and concentrations, including, but not limited to, 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 a self-motivated individual to perform a number of job duties including…
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North Carolina Business Court: Employment Agreements Automatically Terminate Upon the Sale of a Company
A recent decision by the North Carolina Business Court held that an employment agreement automatically terminates upon the asset sale of one company to another, despite continued employment with the purchasing company.[1] In 2001, Andrew Lund executed an employment agreement with his then-employer, Southern Staircases of North Carolina, Inc. The agreement contained several post-employment restrictions regarding disclosing confidential information and soliciting current and future customers. The agreement also contained a duty of loyalty provision to “devote his entire working time, attention, and energies to the business of the Company and . . . [to] not be engaged in any other business…
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Fourth Circuit: Arbitration Agreement in Employee Handbook Not Binding
A recent decision by the United States Court of Appeals for the Fourth Circuit ruled that a North Carolina employee suing under federal and North Carolina law for wage and hour violations was not required to participate in arbitration despite an arbitration clause in her employee handbook.[1] The Fourth Circuit acknowledged that North Carolina law would ordinarily bind the employee via implied consent to the clause, but she signed an acknowledgement form upon receipt of the handbook that expressly stated the handbook provisions did not constitute a binding contract. Rose Lorenzo, an employee of Prime Communications, LP, managed a…
