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July 19, 2011 Update

No Decision From the 7th Circuit Court of Appeals

There has been no decision on our appeal to the Seventh Circuit Court of Appeals.  The case was argued October 21, 2010 before a 3-judge panel.  That panel heard seven other cases that day and has rendered an opinion in all of the others.  However, it is not unusual for the time period between argument and decision to be this long or longer.

We monitor the Seventh Circuit Court of Appeals website every day to see if the opinion has been posted and will advise you immediately of a decision.  If you would like to access the website the address is http://www.ca7.uscourts.gov/ then click on the “Opinions” tab under “CASE INFORMATION”. This takes you to a page that has a “Select A Case” option.  Go to “Recent Uploads” and select “Opinion” from the dropdown menu.  Next click the tab for “Today” “Past Week” or “Past Month”.  The case uploads will be displayed.  Our case is Sullivan v. CUNA Mutual.  When that case appears click on either the “case #” or the “opinion” and the opinion will be displayed.   This will allow you to see the opinion as soon as we see it.

There were two interesting developments in May of this year.  On May 16, 2011 the U.S. Supreme Court expanded the scope of damages that could be recovered in ERISA pension cases. Cigna v. Amara, 131 S.Ct. 1866(2011).  The immediate impact of this case on our case at this stage is unknown.  However, it is always encouraging to have the Supreme Court give a positive decision in an ERISA case.

Also in May the Northern District of Illinois issued a decision favorable to the claimant in an ERISA denial of benefits case that was brought by our co-counsel, Mark DeBofsky.  The court in its decision said:  “Mr. DeBofsky is one of the leading attorneys in this city among those who practice in the ERISA field.  Other courts have recognized Mr. DeBofsky’s “highly specialized knowledge of ERISA law.” (citing cases

Congratulations Mark.

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