11 results for 'cat:"ERISA" AND cat:"Attorney Fees"'.
J. Pechman awards the insured $49,500 in attorney fees for their complaint that the insurance company wrongfully denied the minor rehabilitation services without a full and fair review. The insurance company's bad faith and culpability warrants attorney fees, because while the insurance company argues that it only needs to show that the insurance company had a reasonable basis to deny coverage to qualify as good faith, this argument misreads the court's order on cross-motions and relies on two inapplicable 9th Circuit cases.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 9, 2024, Case #: 2:22cv1517, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Insurance, attorney Fees
J. Lee denies a petition for panel rehearing and amends an opinion affirming the district court’s denial of attorney fees and nontaxable costs. The U.S. Department of Labor brought the underlying lawsuit under the Employee Retirement Income Security Act, alleging that appellants sold their company to an employee stock ownership plan (ESOP) at an inflated value. The district court was correct in concluding that the government’s position at trial was substantially justified, and in denying attorney fees and nontaxable costs under the Equal Access to Justice Act. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 8, 2024, Case #: 22-15378, Categories: erisa, attorney Fees
J. Blumenfeld Jr. grants the insured $312,300 in attorney fees and $3,800 in costs for her complaint that the insurance company made an error in overpaying her $56,400 in long-term disability benefits over nine years and then demanded she pay the company back when it discovered the mistake. The insured seeks $571,100 in attorney fees for nearly 850 time entries for four years of work, but that amount is reduced because a number of items are excessive, redundant and unnecessarily billed, and there is sometimes "a mismatch between counsel’s experience offered to justify high hourly rates and the amount."
Court: USDC Central District of California, Judge: Blumenfeld Jr., Filed On: December 13, 2023, Case #: 8:20cv821, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Insurance, attorney Fees
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J. Seybert awards an annuity fund administrator $273,209 in ERISA withdrawal liabilities on its ERISA claims against a Manhattan-based real estate investment firm, along with $159,517 in prejudgment interest and $655,587 in attorney fees. The court further finds the firm’s principal personally liable for the claims and awards the administrator an additional $358,862 in damages, plus $404,029 in prejudgment interest.
Court: USDC Northern District of New York, Judge: Seybert, Filed On: December 6, 2023, Case #: 2:15cv4108, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Damages, attorney Fees
J. Marbley grants, in part, the union's motion for default judgment, ruling the member's failure to respond to any allegations of delinquent contributions entitles the union to an amount of damages that will be determined by an audit, as well as more than $3,000 in attorney fees.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 20, 2023, Case #: 2:22cv2799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, attorney Fees, Labor / Unions
J. Crocker partially grants the beneficiary's motion for attorney fees in his lawsuit against the insurance company over the termination of his long-term disability benefits. The beneficiary is entitled to some fees in part because his allegation that the company failed to perform a full and fair review of his disability claim ultimately prevailed upon appeal to the Seventh Circuit, but his success on a "distinct procedural issue" calls for a reduction of the lodestar, and the beneficiary is awarded $41,944 in attorney fees and $907 in costs.
Court: USDC Western District of Wisconsin, Judge: Crocker, Filed On: September 29, 2023, Case #: 3:21cv19, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Insurance, attorney Fees
J. Peterson partially grants the beneficiary's motion for attorney fees in her lawsuit against the insurance company over the termination of her long-term disability benefits. Finding no basis to grant the beneficiary's "eye-popping" request for $180,774 in fees plus $2,984 in costs, she is awarded $69,725 in fees and no costs, as the fee calculations she proposes based on her attorneys' hourly work are excessive and unreasonable.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 28, 2023, Case #: 3:20cv420, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Insurance, attorney Fees
J. Simms grants trustees of an electric benefit fund their motion for default judgment after one of their contributors became delinquent in its payments, violating ERISA. Because the contributor has not responded to the affidavit served on it, it must pay over $60,000 in late dues and attorney fees and costs.
Court: USDC Maryland, Judge: Simms, Filed On: August 14, 2023, Case #: 8:23cv433, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, attorney Fees, Labor