North Carolina

Lord & Lindley - Lawyers in Charlotte NC

Frederick Allen and Nautilus Productions, Llc V. Roy A. Cooper, Iii, Et Al.: a Battle Over Piracy and Sunken Treasure

May 30, 2019

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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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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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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Breaking the (news About) Mold

February 28, 2019

Mold is a very serious issue.  It can cause significant health effects or damage to personal property.  As part of the obligation to provide and maintain habitable premises, North Carolina requires landlords to respond to complaints of mold in a reasonable period of time depending on the severity of the condition.  However, North Carolina takes…

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Aunt Bee Trust Fund

February 21, 2019

Many remember the fictional town of Mayberry, the setting for The Andy Griffith Show.  Less commonly known, however, is that Mayberry is modeled after Mt. Airy, a small North Carolina town near the Virginia boarder.  Frances Bavier, the actress who portrayed Aunt Bee Taylor in the hit television show, recently passed away, and spent the…

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