Trust and Estate Litigation

Lord & Lindley - Lawyers in Charlotte NC

When Heirs Cry: Claiming Prince’s Paternity

May 12, 2016

          The inheritance saga in the wake of Prince’s death continues.  Since reportedly dying without a will, potential heirs are coming of the proverbial woodwork and claiming they are entitled to a piece of Prince’s fortune.  According to Minnesota law, if there is no will, the deceased’s estate first goes to…

Read More

What Happens If You Die Without a Will? Taking a Lesson From Prince

April 28, 2016

          On Tuesday, Prince’s sister, Tyka Nelson, filed an emergency motion in Carver County District Court requesting that the Court appoint a special administrator to gather and protect Prince’s assets.  She also claimed that, to the best of her knowledge, no will existed.  The assets are estimated to be worth $100…

Read More

The Legal Considerations Of Using Drones in Construction Zones

April 20, 2016

          The use of drones is no longer science fiction or limited to combat zones; commercial drones are the way of the future.  Drones are used in a host of industries: aerial photography, real estate, agriculture, construction, search and rescue, emergency management, and mining.  Even package delivery via drone may soon…

Read More

Death By Alcohol – Who Is [more] at Fault?

April 13, 2016

          Last week the North Carolina Court of Appeals reversed the lower court’s decision allowing a case involving alcohol poisoning against a hotel and its staff to go forward.[1]  Lisa Davis and her husband Thomas were celebrating their wedding anniversary at the Crown Plaza Resort in October of 2012.  They had…

Read More

Master Of Your Domain?: the Nuance Of Eminent Domain and Charlotte’s Light Rail

April 7, 2016

Since before the establishment of the United States, governments have taken the land of private citizens.  The issue was so fundamental to the founders of this country they wrote it into the Fifth Amendment of the Constitution which states, in part, “nor shall private property be taken for public use, without just compensation.”  The issue…

Read More

Jurors: the Social Media Balancing Act

March 31, 2016

          Despite what Hollywood would have their audiences believe, most civil lawsuits settle before ever reaching a jury trial.  When cases do make it to a jury, the selection process is very important.  In domestic violence cases, defense attorneys aren’t likely to select a juror that suffered through similar circumstances.  In…

Read More

The Strict Blue Pencil Doctrine Is Alive and Well in Nc Courts

March 23, 2016

          In a time where pencils and pens are quickly being replaced by keyboards, styli, and even one’s own fingers, the North Carolina Supreme Court ruled last week that the strict blue pencil doctrine remains alive and well – at least when it comes to non-compete clauses in employment agreements.  …

Read More

Counterclaims: When to Designate a Case to the North Carolina Business Court

March 9, 2016

          The North Carolina Business Court (“Business Court”) is a specialized forum designed to adjudicate cases involving complex and significant issues of corporate governance and commercial law.  If a dispute involves one of the subject matters enumerated in North Carolina General Statute § 74-45.4, then the case shall be designated and…

Read More

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…

Read More

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…

Read More

Archives