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District Court Awards Attorney’s Fees to ERISA Plaintiff, Highlighting Insurer’s Procedural Errors in Benefit Denial as Factor in Award

District Court Awards Attorney’s Fees to ERISA Plaintiff, Highlighting Insurer’s Procedural Errors in Benefit Denial as Factor in Award

In Mullins v. The Consol Energy, Inc. Long Term Disability Plan, No. 2:20-CV-1883, 2025 WL 712931 (W.D. Pa. Mar. 5, 2025), Pennsylvania Western District Judge J. Nicholas Ranjan granted Plaintiff’s…

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District Court Orders Unum to Pay $900/hour in Attorneys’ Fees to Prevailing Plaintiff in ERISA-governed Long-Term Disability Dispute

In Downes v. Unum Life Insurance Company of America, No. 23-CV-01643-RS, 2024 WL 4876940 (N.D. Cal. Nov. 22, 2024), following the Court’s prior order holding Unum accountable for payment of…

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Sixth Circuit Affirms Denial of Attorneys’ Fee to Successful Plaintiff in ERISA Suit Due to Attorneys’ Failure to Itemize Time

In Messing v. Provident Life & Accident Ins. Co., No. 23-1824, 2024 WL 3950239 (6th Cir. Aug. 27, 2024), the Sixth Circuit considered the Plaintiff’s challenge to the district court’s…

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Court Orders Unum to Pay Six Figures in Attorneys’ Fees for Wrongful Termination of Long-Term Disability Benefits

In Graziano v. First Unum Life Insurance Company, No. 21-CV-2708 (PAC), 2024 WL 1175143 (S.D.N.Y. Mar. 19, 2024), New York Southern District Judge Loretta A. Preska granted Plaintiff’s motion for…

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Ninth Circuit: Denial of Attorneys’ Fees Was Not Abuse of District Court Discretion Where DOL Was Substantially Justified in Trial Position in ERISA Lawsuit

In Su v. Bowers, No. 22-15378, __F.4th__, 2023 WL 7009599 (9th Cir. Oct. 25, 2023) (Before: Bea, Collins, Lee) (concurrence and partial dissent by Collins), the Ninth Circuit considered whether…

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Ninth Circuit Affirms Denial of ERISA Attorneys’ Fees to Plaintiff Who Achieved a Remand to the Plan Administrator but Did Not Prevail After the Remand

Plaintiff-Appellant Michael Alves challenged Sedgwick’s termination of his short-term disability benefits and denial of his application for long-term disability benefits under the Hewlett-Packard Comprehensive Welfare Benefits Plan. The district court,…

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