7th Circut Court

The Seventh Circuit Recognizes Fibromyalgia Disabling Based on Subjective Complaints

Recently, in Kennedy v. The Lilly Extended Disability Plan, the Seventh Circuit Court of Appeals upheld the district court’s award of summary judgment for long-term disability benefits to Cathleen Kennedy. Kennedy primarily suffered from the debilitating disease fibromyalgia. The Seventh Circuit affirmed that it was unreasonable for her insurance provider, “Lilly,” to conclude that fibromyalgia…

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Seventh Circuit Reaffirms Requirement to Exhaust Administrative Remedies

In Orr v. Assurant Employee Benefits (7th Cir. May 19, 2015) the district court dismissed a lawsuit for life insurance benefits because the plaintiffs did not first exhaust their administrative remedies.  On appeal, the Seventh Circuit affirmed noting that the denial letter plaintiffs received informed them of their right to seek review and included a copy of USIC’s Life…

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Peter Burke Gets Favorable Reversal In Suchanek v. Sturm

On June 4, 2014, Peter Burke argued to the 7th Circuit in the consolidated case of Suchanek v. Sturm, contending that the District Court committed reversible error in not certifying a class of consumers from eight states that had purchased Defendant’s instant coffee product for their Keurig brewers, and further, by entering summary judgment against…

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