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September 10, 2009

Bad Faith Attorney's Fees ... Or Not.

   Attorney's Fees can be awarded under 29 U.S.C. Section 1132(g)(1) in the discretion of the Federal District Court.  This includes ERISA benefit employee actions.

   However, one factor involves fault or "Bad Faith" of the opposing party and where, "in this case, Defendant was neither acting in bad faith, nor out to harass Plaintiff," no such Attorney's Fees would be awarded.  Download Cabernoch v. Union Labor Life Insurance Co. (N.D. Ill. Opinion Filed 08.14.09), attached Official Slipsheet Opinion at 1-2.

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Posted by on September 10, 2009 at 08:36 AM in Attorney's Fees |

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