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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Toby Heytens

Where a company sued for violating a loan agreement argued the plaintiff failed to approve third-party financing options that would have allowed the loan to be repaid, but it failed to show that it would have been unreasonable or wrongful ...

Tagged with: 4th U.S. Circuit Court of Appeals Banking Judge Toby Heytens

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Toby Heytens

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Toby Heytens

Where the Department of Health and Human Services, or HHS, denied a hospital’s request for Medicare reimbursement because it failed to submit information in a form that could be audited, that decision was affirmed. Relevant HHS regulations require the data ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Toby Heytens

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Toby Heytens

Where the defendant was found guilty of first-degree assault and battery under South Carolina law after he “engaged in an unjustified, merciless beating” of an unarmed, 72-year-old security guard that caused “permanent damage” to one of the victim’s eyes, that ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Toby Heytens

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Toby Heytens

Where the Clean Water Act prohibits a civil action where a state agency has commenced and is diligently prosecuting an action under a state law comparable to the federal scheme for assessing civil penalties, the lawsuit here could proceed although ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Toby Heytens

Where voters filed a challenge with the North Carolina board of elections, alleging that Madison Cawthorn was ineligible for office because of his conduct in connection with the Jan. 6, 2022, insurrection, the district court erred when it held the ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Toby Heytens