Famous TV doctor Mehmet Oz—better known as “Dr. Oz”—recently accused his sister, Nazlim, of forging their late father’s will and stealing millions from his estate. A 2008 will left all of Mustafa Oz’s assets to the Mustafa Oz Foundation, a United States organization, and left Dr. Oz in charge of the foundation; however, Nazlim presented a new will dated 2018 after Mustafa’s death, which Dr. Oz claims is forged. Mustafa Oz passed away in Turkey in 2019, and litigation regarding his estate subsequently commenced in Turkey. Turkish prosecutors reportedly followed some of the money to bank accounts in at least three other countries. The Turkish estate dispute is proceeding alongside a…
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A FLORIDA JUDGE TEMPORARILY BLOCKED THE RELEASE OF FULL HOUSE STAR BOB SAGET’S DEATH INVESTIGATION RECORDS—WHAT IF HE DIED IN NORTH CAROLINA?
Famous comedian and actor Bob Saget was tragically found dead in the bed of his Ritz Carleton hotel room in Orlando, Florida, on January 9, 2021, at age 65. As America was reeling from the sudden loss of their favorite TV dad, news broke that Saget died from blunt force head trauma, likely from an accidental fall in his hotel room. As is common in celebrity death cases—particularly where the death is the result of accidental trauma, such as in the case of Kobe Bryant—Saget’s family had concerns regarding the public release of the details surrounding his death. In February, Saget’s widow and three daughters sued the Orange County Sheriff’s…
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NFTs: A GOOD INVESTMENT OR A LITIGATION RISK?
NFTs—or non-fungible tokens—have been making headlines in recent months as the newest investment craze. “At a very high level, most NFTs are part of the Ethereum blockchain. Ethereum is a cryptocurrency, like bitcoin or dogecoin, but its blockchain also supports these NFTs, which store extra information that makes them work differently from, say, an ETH coin.” NFTs can be anything digital but are currently extremely popular for buying and selling digital art. Popular NFT marketplaces include OpenSea, Rarible, and Nifty Gateway, and some NFTs have been bought and sold for tens of millions of dollars. This new digital artwork platform has, unsurprisingly, sparked many intellectual property disputes. Most recently, famous…
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FTC ALERT: NURSING HOMES CANNOT CLAIM RESIDENTS’ STIMULUS PAYMENTS
The Federal Trade Commission issued a warning that nursing homes in several states are trying to require their Medicaid residents to sign over their stimulus checks. However, according to the CARES Act, these payments are tax credits, and tax credits do not count as “resources” for the purposes of federal benefits programs like Medicaid. Individuals who reside in long term care facilities typically manage their own money or appoint another person to handle their financial affairs. The stimulus funds are to be handled as any other resident benefits. Since stimulus payments do not count as income, they do not affect Medicaid eligibility or qualify as a Medicaid resource. The FTC…
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EMI DOESN’T LOVE KANYE LIKE KANYE LOVES KANYE
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 amounts to a contract for personal services that began in 2003, thus violating a California statute that limits personal services contracts to seven years or less. Conversely, EMI filed a complaint in New York, asserting that New York law governs due to the choice of law provision in the contract. EMI also asserts that West’s…
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IN THE MARKET FOR TRADE SECRETS
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 acquisition efforts, and are alleged to have misappropriated trade secrets of their former company for the benefit of their new company. The complaint also alleges that Ms. Maraccini, who was a director of real estate for North Carolina and Virginia while at Aldi, violated confidentiality, non-compete, and non-solicitation agreements by accepting a similar position with…
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OPPOSING COUNSEL, WILL YOU BE MY VALENTINE?
The North Carolina Bar released Proposed 2019 Formal Ethics Opinion 3 in January, addressing questions relating to intimate relationships between opposing counsel. The question presented is whether it is permissible for a prosecutor and a criminal defense attorney to engage in a romantic relationship while serving as opposing counsel in multiple cases, and whether the attorneys are obligated to disclose this relationship. Due to concerns regarding actual or potential conflicts of interest, the Bar opines that it is permissible only under certain limited circumstances. The North Carolina Rules of Professional Conduct North Carolina attorneys are governed by the North Carolina Rules of Professional Conduct. As a basis for the proposed…
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Congratulations to Trey Lindley and Satie Munn
Lindley Law is pleased to announce Trey Lindley was selected as a 2019 Super Lawyer in Estate and Trust Litigation by Super Lawyers Magazine, making this his eighth consecutive honor from the publication. Lindley Law is also pleased to announce Satie Munn was selected as a 2019 Rising Star in Business Litigation by Super Lawyers Magazine, her first such honor from the publication. Super Lawyers Magazine recognizes outstanding attorneys using a multi-step process that involves soliciting nominations from attorneys across North Carolina (lawyers are not allowed to vote for themselves), a third-party evaluation across 12 key categories, and a peer evaluation by a highly credentialed panel of attorneys. Finalists have attained a high…
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Can North Carolina Employers Compel Drug Testing and DNA Testing?
In December 2018, a Phoenix, Arizona woman, who spent the last fourteen (14) years in a coma, gave birth to a healthy baby. A police investigation concluded that, while in her comatose state, she had been raped multiple times. The staff at the healthcare facility where she was a patient stated that no one knew she was pregnant until she went into labor. In response to a search warrant issued to the employer, the employer requested that all male employees provide a DNA sample to determine whether the individual who impregnated the woman was a staff member. Without question, the facts of this investigation are shocking. However, it does…
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‘I Say a Little Prayer’ that Aretha Franklin’s children have ‘Respect’ and Are Not a ‘Chain of Fools’
American singer and songwriter Aretha Franklin passed away on August 16 at the age of 76 after battling advanced pancreatic cancer. In the days following her passing, her four sons filed documents with the Michigan Probate Court stating that Aretha passed without a will or trust, and claimed to be interested parties in her estate. Aretha’s niece, Sabrina Garrett Owens is the personal representative to administer the estate. When a person dies with a will, the probate court uses that and other documents (such as a trust), to guide them in determining the proper distribution of the deceased’s assets. However, when a person dies without a will, or “intestate,” their…
