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Tag Archives: Judge Toby Heytens

Wife’s claim for husband’s life insurance benefits denied

Where a man failed to convert his employer-provided life insurance to an individual policy after his employment ended, the claim administrator did not err in denying the claim. Although the beneficiary argued the deadline should be equitably tolled because the ...

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Law criminalizing false statements likely unconstitutional

Where a North Carolina law punishing certain “derogatory reports” about candidates for public office likely criminalizes at least some truthful speech, and draws impermissible content-based distinctions in identifying which speech to criminalize, it is likely unconstitutional. Background A 90-year-old North ...

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Man’s race discrimination suit was timely filed

Where a man delivered his handwritten written complaints to the district court for filing, that delivery satisfied the 90-day right-to-sue deadline for his race discrimination suit, even though the filing fee wasn’t paid until much later. Background Andrew Allen claims ...

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Lack of property interest fatal to landowner’s claims

Where a real estate development company asserted takings and due process claims against a North Carolina county that allegedly thwarted its ability to obtain water and sewer services, but the company had no constitutionally protected “property” interest at the time, ...

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Medical records providers dodge excessive charges suit

Where two women alleged that two companies that retrieve medical records from health care providers and transmit them to requesting patients or patient representatives charged too much for their services, but the statute only limits the ability of physicians to ...

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