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Lord & Lindley - Lawyers in Charlotte NC

North Carolina Business Court Enforces Arbitration Agreement Prohibiting Discovery, Live Testimony, and a Full Hearing

February 24, 2016

          In a January 2016 (unpublished) order, the North Carolina Business Court (NCBC) enforced a contract provision compelling arbitration and prohibiting any discovery prior to the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…

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A Primer on the North Carolina Wage and Hour Act: What Every Employer and Employee Should Know

February 10, 2016

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…

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North Carolina Court Of Appeals Clarifies Reach Of Clerk Of Court’s Original Jurisdiction

February 3, 2016

          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…

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Trey Lindley Selected As a 2016 North Carolina Rising Star in Business Litigation

January 26, 2016

         Lord & Lindley 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…

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Tenant Rights: Have You Been Constructively Evicted?

January 13, 2016

          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…

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North Carolina Business Court: Employment Agreements Automatically Terminate Upon the Sale Of a Company

December 16, 2015

          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…

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Fourth Circuit: Arbitration Agreement in Employee Handbook Not Binding

December 10, 2015

          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…

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Deceptive Conduct Likely Needed to Transform a Breach Of Contract Claim to Unfair and Deceptive Trade Practice

December 2, 2015

          While unfair and deceptive trade practice claims are sometimes alleged concurrently with breach of contract claims, a breach of contract alone does not constitute an unfair or deceptive trade practice.  To prevail on both a breach of contract claim and an unfair and deceptive trade practice claim, North Carolina and…

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North Carolina Business Court Reaffirms Breadth Of Arbitrators’ Authority in Recent Decision

November 25, 2015

            A recent decision by the North Carolina Business Court (NCBC) re-affirmed long standing precedent that an arbitration award is customarily final and binding, even if it includes an error of fact or law.[1]  In the most recent case, Killian/Simonini, LLC argued the arbitrator exceeded his authority by impermissibly including…

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North Carolina Business Court Weights in on Attorneys’ Fees in Class Action Settlements

November 11, 2015

          Recent decisions by the North Carolina Court of Appeals and North Carolina Business Court (NCBC) shed light on a previously unsettled question of law: when can a North Carolina trial court award attorney’s fees as part of a class-action settlement in the absence of additional statutory authority?      …

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