Ciaramitaro v. Unum Life Insurance Co. of America

OPINION

JANE B. STRANCH, Circuit Judge.

Having reached a favorable outcome in an ERISA case against defendant Unum, plaintiff Tamara Ciaramitaro sought both the award of a penalty for failing to timely provide her with pertinent plan informa*412tion and an award of attorney’s fees, as provided for in the statute. The district court awarded Ms. Ciaramitaro partial attorney’s fees and declined to award her penalties; on appeal, she seeks an award of full attorney’s fees and penalties. ERISA provides that both are awarded at' the court’s discretion. Because we cannot conclude that the district court…