Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

Category Archives: Attorneys’ Fees

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Ninth Circuit Considers Pre-Appeal Conduct in Plan’s Request for Appellate Attorney’s Fees

The Ninth Circuit ruled that a district court erred by failing to consider the entire course of the litigation when analyzing a request for attorney’s fees under ERISA and remanded the case for a calculation of fees. A plan participant filed suit against a plan and insurer seeking disability benefits. The plan, in turn, filed a cross-claim against … Continue Reading

Court Awards $11.7M in Attorneys’ Fees In Fund Mapping Case

The court in Tussey v. ABB Inc., No. 2:06-cv-04305 (W.D. Mo. Dec. 9, 2015), a long-running suit alleging that ABB failed to monitor recordkeeping fees and improperly mapped participants’ investments (previously reported on here), awarded class counsel $11.7 million in attorneys’ fees and affirmed its earlier award of $2.28 million in costs and class representative … Continue Reading

Third Circuit: Catalyst Theory of Recovery Applies to ERISA Fee Award

The Third Circuit held that the catalyst theory of recovery applies to ERISA cases when determining whether to award attorneys’ fees.  In this case, Plaintiffs (two individuals and two pharmacies) filed suit against Defendant insurance companies for denial of benefits under ERISA.  After their motion to dismiss was denied, Defendants paid the claims in full.  … Continue Reading

Second Circuit: Five Factors Still Relevant to ERISA Attorney Fee Awards

The Second Circuit recently had occasion to provide guidance to the lower courts on the standard for evaluating an ERISA attorneys’ fee application following the U.S. Supreme Court’s ruling in Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 242 (2010). As previously reported, in Hardt, the Supreme Court observed that ERISA’s fee shifting provision … Continue Reading

U.S. Supreme Court: A Decision on the Merits Triggers the Time to Appeal Irrespective of a Pending Contractual or Statutory Attorneys’ Fee Application

The U.S. Supreme Court ruled in a unanimous opinion that an unresolved claim for attorney’s fees does not prevent a decision on the merits of an ERISA suit from becoming final for purposes of the deadline to file a notice of appeal to a federal appellate court. Ray Haluch Gravel Co. v. Cent. Pension Fund … Continue Reading
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