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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TRULIANT AND TRUIST TRADEMARK DISPUTE – WHAT IS A PRELIMINARY INJUNCTION?
In 2019, banks BB&T Bank and SunTrust Bank announced a merger, with the new bank to be named Truist Financial Corporation (“Truist”). In response, Truliant Federal Credit Union (“Truliant”) filed a lawsuit alleging the name Truist infringes on Truliant’s trademark in its name. For a discussion of trademark law and trademark infringement, please see Lindley Law’s previous blog post related to the trademark dispute regarding Duke’s Mayonnaise. Recently in the dispute between Trulian and Truist, Truliant moved for a preliminary injunction, seeking to prevent Truist from using its name pending the outcome of the lawsuit. What is a preliminary injunction, and how does a court determine whether to issue it?…
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CONTRACTUAL FORUM SELECTION CLAUSES
In S&S Family Business Corp., et al. v. Clean Juice Franchising, LLC, the North Carolina Court of Appeals addressed the impact of a forum selection clause in a business contract. A forum selection clause is a contractual provision that, if enforceable, designates a particular state or court to bring any litigation between the parties. In most instances, a forum selection clause can be mandatory – the parties must litigate disputes in the forum provided in the clause. Factual History Clean Juice Franchising, LLC (“Clean Juice”) entered a multi-unit agreement (the “Multi-Unit Agreement”) with S&S Family Business Corp. (“S&S”) to franchise at least three Clean Juice stores. The Multi-Unit…
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EARTH FARE AND THE “WARN” ACT
In early February, Earth Fare announced it would be closing all of its stores, likely meaning each of its 3,000 employees would be laid off. In response, two employees of the Asheville-based grocery store chain filed a class-action lawsuit alleging Earth Fare violated the Worker Adjustment and Retraining Notification Act (the “WARN Act”). Generally, the WARN Act requires employers with at least 100 employees to provide at least a 60-day advance written notice of plant closings and mass layoffs; however, the likelihood of success of the plaintiffs’ claims will be determined by the specific definitions provided in the WARN Act, as well as its exceptions and exemptions. The WARN…
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BUNKER HILL COVERED BRIDGE CONSTRUCTION LAWSUIT
The Bunker Hill Covered Bridge is a well-known historical landmark in Claremont, North Carolina, originally built in 1895. The bridge was damaged due to excessive rain, flooding, and erosion in the area, which prompted the Historical Association of Catawba County (the “Historical Association”) to hire NHM Constructors, LLC (“NHM”) to repair the bridge. A dispute arose between the parties, NHM filed a lien on the property, and subsequently filed a lawsuit, seeking payments from the Historical Association. The Historical Association alleges NHM is not owed additional payments because the costs exceeded the budget provided in NHM’s bid. The case will largely turn on the type of contract the parties executed…
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CONGRATULATIONS TO TREY LINDLEY, SATIE MUNN, AND KEVIN CLEYS FOR BEING RECOGNIZED IN SUPER LAWYERS MAGAZINE
Lindley Law is pleased to announce its recognition by the 2020 edition of Super Lawyers. Trey Lindley was selected as a Super Lawyer in Estate and Trust Litigation, his third consecutive year receiving this award. Trey was previously recognized as a Rising Star by Super Layers Magazine from 2012 through 2017, making this his ninth consecutive honor from the publication. Satie Munn and Kevin Cleys were selected as 2020 Rising Stars by Super Lawyers Magazine. This is Kevin’s first year receiving this award for Civil Litigation. This is Satie’s second consecutive year receiving the award for Rising Star in Estate and Trust Litigation. Each year, Super Lawyers recognizes the top…
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WHAT IS A WILL CAVEAT?
A will caveat is a special proceeding in which parties can challenge the validity of a document purporting to be the last will and testament of the decedent. The question to be answered is whether the purported will is valid. As a result, admissible evidence and potential remedies are limited to a determination of that question. Initiating Steps A caveat proceeding is initiated when an individual (the “decedent”) dies, leaving behind a document purporting to be his or her will. The purported will is submitted to the clerk of court to be probated. Any interested party – any party with a pecuniary or beneficiary interest in the decedent’s…
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THIRD PARTY BENEFICIARIES TO CONTRACTS
ABC Seller agrees to sell 100 widgets to XYZ Buyer for $10 per widget. This agreement creates a contract, which largely governs the rights and obligations of ABC Seller and XYZ Buyer. However, contracts such as this often impact additional entities or individuals beyond the parties themselves. For example, ABC Seller may need to contract with a manufacturer, who in turn may need to contract with components manufacturers, to honor XYZ Buyer’s order. ABC Seller and/or XYZ Buyer may need to contract with a shipping company to deliver the widgets. To the extent XYZ is selling the widgets to an end user, the end user will also benefit from the…
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TORTIOUS INTERFERENCE WITH CONTRACT
Last week, Lindley Law discussed the elements of tortious interference with expected inheritance, which can occur when an individual maliciously interferes with the making or revocation of a will to the detriment of the plaintiff. This blog will address a similar but distinct tort: tortious interference with contract. The Elements In North Carolina, to prove tortious interference with expected inheritance, a plaintiff must allege: A valid contract existed between the plaintiff and a third party, which conferred contractual rights upon the plaintiff against the third party; The defendant had actual knowledge of the contract between the plaintiff and the third party; The defendant intentionally induced the third…
