North Carolina
Rent prices in Charlotte are increasing, and these increases often lead to an uptick in evictions, as more tenants are unable to make their monthly payments. In North Carolina, a landlord can evict a tenant through a process called summary ejectment. In a typical summary ejectment action, a landlord alleges a valid lease agreement with…
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Renowned author Nicholas Sparks is currently being sued by the former headmaster of the New Bern, North Carolina school founded by Sparks. Saul Benjamin alleges Sparks defamed him by telling parents of the students that Benjamin suffered from mental health problems. What is defamation, and how is it proved in court? (Benjamin also alleges…
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Party A and Party B enter into a contract. Party A will perform a service for pay from Party B. Party A performs the agreed-upon services, but Party B refuses to pay. What happens? As most of us know, Party A can sue Party B for breaching the contract. But what happens if there…
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Adam Patrick Browne’s life tragically ended on October 8, 2018. He was run over by a car driven by his former fiancée, Victoria Keaveny, after she consumed alcohol at a restaurant in Gastonia, North Carolina. Pursuant to a settlement filed under seal in Gaston County Superior Court, that restaurant will pay wrongful death proceeds to…
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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…
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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…
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What’s better than a cold glass of lemonade in the summer sun? With summer upon us, lemonade stands are in the news once again. Texas passed a law permitting the sale of lemonade or other nonalcoholic drinks at stands on private property. How does North Carolina handle lemonade stands? Previously discussed by Lord & Lindley,…
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The plaintiffs in Frederick L. Allen and Nautilus Productions, LLC v. Roy A. Cooper, III,, et al., a four-year civil lawsuit over the rights to video and photographic footage of the recovery of the wreckage of the Queen Anne’s Revenge (the ship captained by the infamous pirate known as Blackbeard), recently filed a petition for…
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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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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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