Beverly Jean Hogan v. Raytheon, Co.

MAGILL, Circuit Judge.

In these consolidated appeals, Raytheon, Co. appeals from the district court’s 1 orders granting Beverly Hogan’s motion for summary judgment, thereby entitling Ms. Hogan to receive her former spouse’s ERISA plan benefits, and awarding attorney fees to Ms. Hogan. We affirm the district court’s decision ordering Raytheon to pay Ms. Hogan surviving spouse benefits, but we reverse and remand the district court’s decision ordering Raytheon to pay Ms. Hogan attorney fees.

I

Prior to his death, Robert Hogan was employed by Raytheon and participated in its ERISA-governed pension…