Attorneys’ Fees

: : District Court Grants Over $200,000 In Attorneys’ Fees And Costs Against UNUM In Disability Case

In any action brought by a plan participant, beneficiary, or fiduciary under ERISA, “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.”  29 U.S.C. § 1132(g) (1). In interpreting this statute, the Ninth Circuit has held that a prevailing plan participant, such as Dr. Connor, should …

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:: Eleventh Circuit Holds That ERISA Does Not Authorize Fee Award For “Pre-Litigation Administrative Proceedings”

This court has not decided previously the question of whether ERISA provides for an award of attorney’s fees and costs incurred in pre-litigation administrative proceedings. However, six other circuit courts of appeals have considered the question. All six have determined that, as a matter of law, ERISA does not provide for such an award. Lisa …

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