7th Circ. Asked To Revive Perkins, Aviall Benefits Case

Law360, Chicago (January 17, 2012, 8:22 PM EST) -- A plaintiffs' attorney urged the Seventh Circuit on Tuesday to revive an Employee Retirement Income Security Act putative class action against the long-term disability plans of Perkins Coie LLP and Aviall Inc., saying ambiguities in the policies' language should favor his clients.

Mark DeBofsky of Daley DeBofsky & Bryant told a three-judge panel that an Illinois federal court erred when it dismissed the suit accusing the Prudential Insurance Co. of America-insured plans of wrongfully withholding disability benefits based on Social Security disability payments received by the...
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