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Important Attorney Fee Issue to Be Decided by US Supreme Court

January 22, 2010 | Posted in : Fee Award, Fee Entitlement / Recoverability, Fee Issues on Appeal, Fee Jurisprudence, Fee Shifting, Prevailing Party Issues

 

Ever wonder about the meaning of "prevailing party" under Section 502 (g) of ERISA? If so, you are in luck. The U.S. Supreme Court is about to take up this issue, perhaps as soon as April, in Hardt v. Reliance Standard Life Insurance Co. The issues include:

1. Whether ERISA § 502(g)(1) provides a district court with discretion to award reasonable attorney's fees only to a prevailing party; and

2. Whether a party is entitled to attorney's fees pursuant to § 502(g) (1) when she persuades a district court that a violation of ERISA has occurred, successfully secures a judicially ordered remand requiring a redetermination of entitlement to benefits, and subsequently receives the benefits sought on remand.

For more information visit the SCOTUS Blog.