Hyatt, et al. v. Heckler, 711 F. Supp. 837 (WDNC 1989)
Aug 27, 2015
OUTCOME: $100M + victory for several hundred thousand North Carolina citizens
one of many published decisions in a class action in which, as lead attorney for Legal Services, I represented several hundred thousand disabled North Carolinians whose disability benefits were imprope...rly denied or terminated. The case went to the United States Supreme Court twice, and we prevailed both times.
Insurance
White vs. SunLife Assurance Co. of Canada, 488 F.3rd 240 (4th Cir. 2007)
Nov 13, 2008
OUTCOME: victory in the trial court (United States District Court for WDNC), and in the United States Court of Appeals, and at the United States Supreme Court
I represented an executive of a manufacturing corporation in her Long Term Disability (LTD) claim which had been denied by the insurance company that issued her policy, Sun LIfe of Canada. The case wa...s litigated under the federal ERISA statute in the United States District Court for the Western District of N.C. We won. The insurance company defendant appealed our victory to the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia, claiming that the beginning of the statute of limitations period for filing suit started running before my client's claim was denied.
I argued the case in the Court of Appeals in Richmond and we won again. The insurance company asked the entire Court of Appeals to hear the case and reverse the panel's decision, but we won again. The insurance company then petitioned the United States Supreme Court for certiorari (to review the case) and the National Association of Life Insurers weighed in, asking the Supreme Court to hear the case and reverse our win. We filed our opposition, and the Supreme Court ruled for us, electing not to grant cert and thus not to hear or reverse our victory in the Fourth Circuit. It was a long fight, but gratifying to win at every level of our federal courts.