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New Article Discusses Prevailing Party Requirment in Hardt

November 10, 2010 | Posted in : Article / Book, Fee Award, Fee Entitlement / Recoverability, Fee Jurisprudence, Prevailing Party Issues, Study / Report

In the November issue of Best’s Review, Frank N. Darras, the founding partner of Darras Law in Ontario, California wrote an article, “Prevailing Party Not a Requirement” (pdf).  The article discusses the recent U.S. Supreme Court decision, Hardt v. Reliance Standard Life Insurance Co.:

“In Hardt v. Reliance Standard Life Insurance Co., the Supreme Court held that an [ERISA] claimant need not be a “prevailing party” to be eligible for attorney’s fees.  Rather, a court may award fees as long as the claimant has achieved “some degree of success on the merits.”

The article concludes:

“Under Hardt, claimants can argue that a remand order constitutes success in order to receive an award of attorney’s fees.  But the question of whether a remand alone, without more, constitutes sufficient success on the merits to justify an award of attorney’s fees remains unclear.”