• Firm News

    Lindley Law is Hiring!

    Lindley Law, PLLC is a boutique litigation firm located in Uptown Charlotte.  Lindley Law handles civil litigation matters throughout North Carolina, representing corporations, closely held businesses, and individuals.  We offer services in various civil litigation practice areas and concentrations, including complex business litigation, trust and estate litigation, employment law, construction litigation, landlord-tenant disputes, and incompetency proceedings.  Please visit our website for more information about the firm and its practice areas: www.lindleylawoffice.com. Lindley Law seeks an associate with 4-7 years of litigation experience to join the firm, which currently has two practicing attorneys.  The position is available immediately.  The ideal candidate will be a highly motivated and well-qualified lawyer who is…

  • Blog Post

    RAGE AGAINST THE TICKETMASTER MACHINE: CLASS ACTION LAWSUIT CHALLENGES CHANGES IN REFUND POLICY AMID COVID-19

    Derek Hanson spent $590 on four tickets to two different Rage Against the Machine shows to be held in Oakland this month.  Due to the COVID-19 pandemic, those and about 55,000 other events scheduled between March and the end of the year were impacted.  Previously, Live Nation and one of its divisions, Ticketmaster, had a policy for which they issued refunds to all events that had been postponed, rescheduled, or cancelled. Like many folks, Hanson wanted a refund since he could use the money and Live Nation’s own president predicted live events may not occur again until 2021.  To his surprise, however, Ticketmaster and Live Nation retroactively changed their policy…

  • Blog Post

    “CHEF CURRY WITH THE POT, BOY”: AYESHA CURRY SUED FOR $10M FOR TAKING HER FOOD AND LIFESTYLE ROYALTIES

    Ayesha Curry, the 31-year-old wife of NBA superstar Steph Curry, was sued in Los Angeles Superior Court yesterday by celebrity branding company Flutie Entertainment. According to the lawsuit, Curry was trying to build herself as a global brand when she signed a five-year deal with Flutie Entertainment in November 2014.  Robert A. Flutie, the founder of the Florida-based company, asserts Curry had a modest following for her social media and food blog before their business relationship began. Flutie Entertainment claims it brought “significant and unprecedented results” during their five years working together.  During that time, Curry landed a show on the Food Network, had a hosting role on ABC’s “Great…

  • Blog Post

    POLICING THE AIRLINES: MINNESOTA OFFICER SUES UNITED AIRLINES FOR REFUSING REFUND FOR COVID-19 FLIGHT CANCELLATION

    Minnesota police officer Jacob Rudolph planned to take his family to Hilton Head, SC for vacation on April 4, 2020—then the COVID-19 pandemic hit.  Rudolph paid $1,521.45 for three tickets in January 2020.  The airline cancelled thousands of flights due to the coronavirus pandemic, impacting thousands more customers. United Airlines offered to rebook its customers’ flights or issue travel vouchers, which would expire one year from the original ticket date.  The airline since extended the voucher expirations for up two years.  After repeatedly requesting a refund to no avail, Rudolph filed a federal class action lawsuit in Chicago (read it here). United Airlines’ refusal to refund passengers is particularly troubling…

  • Blog Post

    SCOTUS Approves State Piracy Without Consequence in North Carolina’s Blackbeard Lawsuit

    In 1718, decades before the Founding Fathers quarreled over State’s rights versus Federal rights, Blackbeard’s infamous Queen Anne’s Revenge ran aground off the coast of Beaufort, North Carolina.  Nearly 300 years later, the Supreme Court of the United States unanimously ruled that all States enjoy sovereign immunity from copyright lawsuits. In June 2019, we published a blog post detailing the lawsuit between Nautilus Productions, LLC (“Nautilus”) and the State of North Carolina.  When the wreckage of Queen Anne’s Revenge was discovered in 1996, Intersal, Inc. (“Intersal”), a private research and salvage company, conducted the exploration and recovery of the ship’s artifacts.  Interstal hired Nautilus to document its efforts over the…

  • Blog Post

    “TIGER KING” JOE EXOTIC POUNCES ON FEDS WITH $94 MILLION LAWSUIT

    Foremost, if you haven’t seen Netflix’s seven-part, true crime documentary series “Tiger King: Murder, Mayhem and Madness”, do yourself a quarantine favor and watch it now. Joseph Maldonado-Passage f/k/a Joe Schreibvogel a/k/a Joe Exotic is a former big cat breeder and roadside zoo owner who is currently serving a 22-year prison sentence for two counts of murder for hire, eight counts of falsifying wildlife records, and nine counts of violating the Endangered Species Act (in part, for killing five tigers). Launched from his jail cell in Grady County, Oklahoma and serving as his own attorney, Exotic is suing the U.S. Department of the Interior and  U.S. Fish and Wildlife Service and…

  • Blog Post

    TRUST MODIFICATION ACTIONS: THE TWISTS AND TURNS OF AMENDING THE BLACK MAMBA’S TRUST FOR THE BENEFIT OF HIS INFANT DAUGHTER

    In 2003, Kobe Bryant created a trust for the benefit of his wife, Vanessa, and their children.  Last amended in 2017, the trust does not provide for their nine-month-old daughter, Capri.  If Kobe were still alive, the trust could have been amended with relative ease by his signing an amendment drafted by his estate planning lawyer.  However, since his tragic passing, the trust became irrevocable (i.e., Kobe is no longer alive to revoke or amend the trust) and any modifications to that instrument will require court approval. As such, on March 17, 2020, Vanessa filed a Petition to Modify Trust in Los Angeles Superior Court.  So what is required to…

  • Blog Post

    CORONAVIRUS EXPOSURE AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

    The World Heath Organization recently classified the coronoavirus outbreak as a global pandemic, and everyone should consider steps to protect themselves from the virus.  But what if you’ve already been exposed?  Two passengers aboard the quarantined Grand Princess cruise ship filed a federal lawsuit in California, alleging Princess Cruise Lines, Ltd. (“Princess”) caused them emotional distress by exposing them to the virus. A claim of negligent infliction of emotional distress (“NIED”) will likely be among the causes of action included in the lawsuit. What is NEID, and how does a plaintiff establish a prima facie case?   The Elements   In North Carolina, to allege NIED, the plaintiff must establish…

  • Blog Post

    PRACTICAL TIPS TO AVOID ESTATE DISPUTES

    Singer and television personality Marie Osmond recently announced she would not be leaving her fortune to her children.  Individuals are free to incorporate decisions to disinherit heirs, as Marie Osmond did, in their estate plans; however, this often leads to litigation after the individual passes away.  Litigation over an estate can be particularly difficult and expensive because the person with the most direct knowledge about the estate – the decedent – is no longer alive to testify.  What are some practical steps to avoid or mitigate the risk of litigation?   Make Your Estate Plan Known   A testator (individual making a will or providing a legacy) seeking to disinherit…

  • Blog Post

    TRULIANT AND TRUIST TRADEMARK DISPUTE – WHAT IS A PRELIMINARY INJUNCTION?

    In 2019, banks BB&T Bank and SunTrust Bank announced a merger, with the new bank to be named Truist Financial Corporation (“Truist”).  In response, Truliant Federal Credit Union (“Truliant”) filed a lawsuit alleging the name Truist infringes on Truliant’s trademark in its name.  For a discussion of trademark law and trademark infringement, please see Lindley Law’s previous blog post related to the trademark dispute regarding Duke’s Mayonnaise.  Recently in the dispute between Trulian and Truist, Truliant moved for a preliminary injunction, seeking to prevent Truist from using its name pending the outcome of the lawsuit.  What is a preliminary injunction, and how does a court determine whether to issue it?…