Beastie Boys were hit with a lawsuit over alleged undeclared samples the day before Adam Yauch passed away, it has been revealed.

Yauch, who was also known as MCA, was diagnosed with cancer in 2009 and succumbed to the disease on Friday [May 4], aged 47.

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US record label Tuf America had submitted a lawsuit against the band the day before (May 3) which alleges that they illegally sampled 1980s outfit Trouble Funk’s “Say What” and “Drop The Bomb” on four of their early tunes.

The suit alleges that “Shadrach” and “Car Thief” from the Beasties’ second album Paul’s Boutique and the tracks “Hold It, Now Hit It” and “The New Style” from their debut record Licensed To Ill. Tuf are seeking substantial damages.

Tuf America‘s attorney Kelly Talcott has released a statement after the lawsuit had been roundly criticised for coming so soon after the announcement of Yauch’s death.

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She told E! News: “I was very sorry to hear of Adam Yauch’s untimely passing, and can assure you that the unfortunate timing of the filing of Tuf America’s complaint had nothing to do with his health. On behalf of myself and Tuf America, I offer our condolences to Adam’s family, friends and fans.”