Earlier in September the North Carolina Court of Appeals highlighted the procedural difference between challenging the validity of a will through a caveat proceeding and resolving questions as to the construction of a will through an action for declaratory judgment.[1] Plaintiff, Deborah Hildebran (“Hildebran”) was listed as the executrix of her father’s will (the “Will”). Upon her father’s death, the Will was probated in common form before the clerk and Hildebran was appointed executrix. The Will contained several handwritten markings, notably a line that struck through the name of the testator’s granddaughter Chanté Brittian…
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Fired for Discrimination Complaint: Wrongful Termination Suit Fails to Survive Motion to Dismiss
The North Carolina Court of Appeals recently affirmed a trial court’s decision to grant a motion to dismiss a lawsuit when the Plaintiff, Lisa Green-Hayes (“Green-Hayes”) failed to properly state a claim for retaliatory wrongful termination.[1] In her complaint, Green-Hayes alleged she was subjected to the “discriminatory employment practices and … attitude of [defendant]” when he refused to hire women for certain positions, paid women and minorities less than other employees, and told her not to hire women based on certain physical criteria. Green-Hayes argued she was terminated from her employment in reprisal for engaging in the protected activity of complaining to the Defendant, Handcrafted Homes, LLC (“Handcrafted…
