Empire State Carpenters Welfare v. Conway Constr. of Ithaca, Inc.

II. Discussion

"The general rule in [the American] legal system is that each party must pay its own attorney's fees and expenses." See e.g., Perdue v. Kenny A. ex rel. Winn , 559 U.S. 542, 550, 130 S.Ct. 1662, 1671, 176 L.Ed.2d 494 (2010) (internal citations omitted). Under ERISA, however, "the court in its discretion may allow a reasonable attorney's fee and costs of action to either party." 29 U.S.C. § 1132(g)(1) ; see also LaBarbera v. J.E.T. Res., Inc. , 396 F.Supp.2d 346, 349-50 (E.D.N.Y. 2005) ("Under ERISA, an award of attorneys' fees and costs is within the sound discretion of the…