Trick-or-Treat! Our Brand New Drone Guide is Ready to Download!

dj-vegh-ghost-drone.jpg

Have you ever found yourself sitting around the house wondering how you could ever fly your commercial drone and not get in trouble?  Perhaps you've looked longingly at the sky and wondered why a simple drone guide does not exist in this world.  If you are one of those people, you are in luck because I have finally completed my masterpiece cleverly titled  "How to Fly Your Drone and Not Get in Trouble: A Guide for Commercial UAV Pilots and Wannabes."  

This FREE guidebook not only contains simple rules when it comes to commercial drone piloting but it also includes the FAA's Part 107 Summary AND a (nearly) full set of North Carolina laws pertaining to drones- even the new ones I discuss here!  It's a magical read full of excitement and intrigue that can accompany you virtually anywhere.  Download your free copy today!

#FlyHigh

 

 

The Great and (Simultaneously) Terrible Medicare, Part V - Medicare Part C Advantage Plans

The Great and (Simultaneously) Terrible Medicare, Part V - Medicare Part C Advantage Plans

Medicare Advantage Plans look like private insurance, but they act a lot like regular Medicare when reimbursement gets involved.

Spoliation of Evidence

The invention of the internet has been a great source for gathering and disseminating information (thanks Al Gore?).  We can find anything about any topic that has ever existed, or will exist, and sometimes the information we gather is actually accurate.  For good or for bad, social media has furthered our ability to communicate with each other.  Sometimes, typically bad, when we say something on the internet it can come back and bite us.

So what does all this have to do with Evidence and Family Law?

In North Carolina, there exists a permissive adverse inference that a party has information that is relevant to a forthcoming lawsuit and that information would be detrimental to the noticed party's case.  In order for a party to qualify for the permissive adverse inference, and potential award of sanctions, he/she must show that the opposing party was on notice that litigation was pending and expected.  How do you put someone on notice to not destroy evidence?      

Spoliation Letter

Let's say a spouse's attorney believes that a separation agreement will not be worked out and the only other option to resolve pending issues is to file a lawsuit.  The attorney may send what is called a "spoliation letter".  A typical spoliation letter will instruct the other party that they are on notice that litigation is expected and they are to refrain from destroying or deleting any information that may be pertinent to expected litigation.  The letter should be specific and encompass all social media posts, physical documents, emails, writings, and any communications whether made digitally or physically.  Laying out what will happen if the other party ignores you is always a good idea.  

So, What Happens if I do Destroy Evidence?

Remember that adverse inference discussed earlier?  Well, a Judge or jury (if jury trial) have the option to consider the evidence that was destroyed and can, but are not required, to infer that it was not favorable to the party that destroyed it.  The other potential penalty would be sanctions against the party deemed to have destroyed evidence that should have been preserved.  North Carolina Pattern Jury Civil Instruction 101.39 is going to be used to instruct a jury as to spoliation of evidence and that they are allowed to infer that the evidence existed if they choose. 

Exception

Keep in mind that if both parties have equal access to the information at issue, then no permissive adverse inference arises and the documents do not have to be preserved.  

*Nothing in this blog post shall be deemed to have established an attorney-client relationship.  This is for educational purposes only and should not be construed to be legal advice.

A Felton Banks Update

A Felton Banks Update

A positive message and other thoughts from the desk of Ashley Felton.

The Great and (Simultaneously) Terrible Medicare, Part IV

The Great and (Simultaneously) Terrible Medicare, Part IV

What happens when Medicare has a right of reimbursement that competes with other types of liens? Well, let's say that most of the time, it isn't pretty for the other guys.

EMPLOYMENT LAW UPDATE: Form I-9 and Your Business

EMPLOYMENT LAW UPDATE: Form I-9 and Your Business

On September 18, 2017, employers became required to use a revised Form I-9 with a revision date of July 17, 2017 N (7/17/17).

Annulling a Marriage in North Carolina

Annulling a Marriage in North Carolina

When most people think of annulling a marriage they immediately think a Vegas wedding and obtaining the annulment within a certain period of time after the marriage.  In actuality, an annulment in North Carolina is much different.

Fried Chicken: A Staple of the South

Fried Chicken:  A Staple of the South

I'm very familiar with fried food having lived in the south my whole life, but I didn't realize that any meal could be fried until I lived in Mississippi for 7 years.  Having been released from my sentence... I mean, since moving to the Triangle area I've had the joy of trying many a fried chicken place and wanted to share my opinions and thoughts on the only fried food I allow myself to eat anymore.  I'd make a horrible Mississippian, thankfully.