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Lord & Lindley - Lawyers in Charlotte NC

Update: Aretha Franklin’s Estate

May 22, 2019

At the time of her death last year, it was believed that Aretha Franklin died intestate, or without a will.  In the absence of a will, state intestacy laws determine how estate assets will be distributed.  However, three handwritten wills were recently discovered in the famed singer’s home.  If one or more of these documents…

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Rule 38: No Substitution for Good Judgment

May 16, 2019

The recent North Carolina Court of Appeals decision in Weishaupt-Smith v. Town of Banner Elk represents North Carolina’s first appellate ruling interpreting Rule 38(b) of the North Carolina Rules of Appellate Procedure, which provides the second of three (3) categories in which substitution of a party to a dispute on appeal is permitted.  Although this…

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Lamarre V. Martinez: a (quiet) Discussion Of Actions to Quiet Title

May 9, 2019

The recent North Carolina Court of Appeals decision in LaMarre v. Martinez addresses an action to quiet title between parties to a real property transaction.  Specifically, the court provides guidance for determining the applicable statute of limitations.   Actions to Quiet Title   In North Carolina, an action to quiet title may be brought to…

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John Singleton Conservatorship and Estate

May 1, 2019

John Singleton entered Hollywood in a truly historic fashion.  Not only was he the first African American to be nominated for an Oscar for Best Director for his debut film Boyz N the Hood, but he did so at the age of 24, making him the youngest ever nominee for the category.  Sadly, Singleton’s career…

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Tom Petty’s Widow, Daughters, won’t Back Down” in Trust Dispute

April 11, 2019

Famed rock singer, Tom Petty, passed away in 2017.  Nearly two years later his widow, Dana York Petty, and his daughters from a previous marriage, Adria and Annakim Petty, remain embroiled in a legal dispute over the musician’s estate.  In the petition filed with the probate court in Los Angeles, California, Dana asserts her authority…

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Enforcing Covenants Not to Compete Against Doctors: Public Policy Considerations

April 4, 2019

The North Carolina Court of Appeals decision in Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar highlights the unique impact of public policy considerations when determining the enforceability of a non-compete agreement against a medical doctor.  To what extent are such agreements enforceable?  At what point does the concern for the health of…

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No More Court Time for Jordan “Jumpman” Copyright Dispute

March 28, 2019

Is there a better time than March Madness to talk about basketball?   The Ninth Circuit Court of Appeals recently affirmed the lower court’s dismissal of a claim by photographer Jacobus Rentmeester that sports apparel company Nike infringed a copyright owned by Rentmeester.  The Plaintiff created this photograph – Michael Jordan airborne dunking a basketball…

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Emi Doesn’t Love Kanye Like Kanye Loves Kanye

March 21, 2019

Recording artist Kanye West and music publisher EMI are currently embroiled in dueling lawsuits with each other regarding an alleged breach of West’s co-publishing contract with EMI.  West, who filed a complaint against EMI in court in California, asserts that California law should govern the terms of the contract.  He also asserts that the contract…

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In the Market for Trade Secrets

March 15, 2019

In early March, retail grocery store company Aldi, Inc. filed a lawsuit in the Eastern District of North Carolina against two former employees who joined rival company Lidl US.  The two former employees, Bruna Maraccini and Colleen Savory, are named as Defendants in the complaint.  Both were involved in the company’s real estate strategy and…

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Trustworthy Pets

March 8, 2019

Are you a cat person or a dog person?  The truth is many of us love animals.  In fact, approximately 68 percent of American households own at least one pet. In some of those households, care for a pet is part of the estate plan.  Consider, for example, millionaire head of Chanel, Karl Lagerfeld, who…

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