Category: Case News & Notable Orders
United States Magistrate Judge David E. Jones of the Eastern District of Wisconsin issued a Decision and Order on September 26, 2018 awarding disability benefits. Attorney of record for Plaintiff is Jennifer Danish. EDWARD PIOTROWSKI, Plaintiff, v. NANCY A. BERRYHILL, Deputy Comm’r of Operations, Soc. Sec. Admin., Defendant., 17-CV-1286, 2018 WL 4616457 (E.D. Wis. Sept. 26, 2018).
United States District Judge Sara Darrow of the Central District of Illinois, Urbana Division, issued an Order on September 21, 2018 granting Plaintiff’s Motion for Summary Judgment in so far as it sought a remand. Campbell v. Berryhill, No. 2:17-cv-02036-SLD-EIL (C.D. Ill. Sept. 21, 2018).
In Zaccone v. Standard Life Insurance Company, the court held that the US Supreme Court decision in Conkright v. Frommert does not nullify the Illinois statute prohibiting the inclusion of discretionary language in health and welfare insurance policies and that state statutes banning discretionary language are not violative of congressional intent. The court held that the Illinois statute is not preempted by ERISA. As a result, the court concluded that the de novo standard of review will apply. Zaccone v. Standard Life Ins. Co., 10 CV 00033, 2013 WL 1849515, 2013 U.S. Dist. LEXIS 62062 (N.D. Ill. May 1, 2013).