Ninth Circuit Affirms Denial of ERISA Attorneys’ Fees to Claimant Where Insurer Reinstated Disability Benefits Shortly after Lawsuit was Filed
Ninth Circuit Affirms Denial of ERISA Attorneys’ Fees to Claimant Where Insurer Reinstated Disability Benefits Shortly after Lawsuit was Filed
In Desharnais v. Unum Life Ins. Co. of Am., No. 22-15336, 2022 WL 17817954 (9th Cir. Dec. 20, 2022), a short unpublished memorandum, the Ninth Circuit found that the district…
Ninth Circuit Affirms Attorneys’ Fee Award to ERISA Welfare Plan in Dispute Brought by Health Care Providers
In Almont Ambulatory Surgery Center, LLC v. International Longshoremen’s and Warehousemen’s Union-Pacific Maritime Association Welfare Plan, No. 20-55464, 2021 WL 5002216 (9th Cir. Oct. 28, 2021), Plaintiffs-Appellants appealed the district…
Eighth Circuit Affirms District Court’s Award of Prejudgment Interest, Liquidated Damages and Attorneys’ Fees to Welfare and Pension Plans
In Marshall v. Anderson Excavating & Wrecking Co., No. 19-3040, __F.4th__, 2021 WL 3436326 (8th Cir. Aug. 6, 2021), Plaintiffs, a union and trustees of a welfare and pension plan,…
Eleventh Circuit Holds that ERISA’s Fee-Shifting Provision Cannot Support a Fee Award Against Counsel
Yesterday, in Peer v. Liberty Life Assurance Co. of Bos., No. 19-13974, __F.3d__, 2021 WL 1257440 (11th Cir. Apr. 6, 2021) , the Eleventh Circuit reversed the district court’s award…
District Court Denies Award of ERISA Attorneys’ Fees Against Unsuccessful AD&D Claimant
On March 11, 2021, I reported about the recent district court decision in Gray v. Minnesota Life Insurance Company, No. CV H-19-4672, 2021 WL 861298 (S.D. Tex. Mar. 8, 2021).…
Sixth Circuit Holds District Court Lacked Authority to Award Attorneys’ Fees and Decide ERISA Claim Subject to Mandatory Arbitration
In UAW International, et al. v. TRW Automotive U.S. LLC, No. 19-2252, __F.App'x__, 2021 WL 926527 (6th Cir. Mar. 11, 2021), the Sixth Circuit considered consolidated appeals where Plaintiffs, retirees…
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