Tag Archives: “Abuse of Discretion”

Court Awards ERISA Plaintiff Attorney Fees – Case Settled After Suit Filed

ERISA (Employee Retirement Income Security Act of 1974) provides that “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” In a 2010 case, the Supreme Court held that a party does not need to be a “prevailing party” (usually thought of as the party who won […]

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ERISA Claimants’ Counsel’s Tactics Don’t Always Work

As anyone familiar with ERISA litigation knows, the disabled worker’s counsel has very few arrows in his quiver. The record that the court reviews is the file maintained by the claims administrator, usually an insurance company. Often, the lawyer doesn’t see the record until all deadlines to supplement it have lapsed. This happens when a […]

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