Bender, Gary L. v. Freed, Gretchen

SYKES, Circuit Judge.

The Bergquist Company Health Plan prevailed on an ERISA-based reimbursement claim in the district court and sought attorneys’ fees pursuant to ERISA, 29 U.S.C. § 1132(g), and also under 28 U.S.C. § 1927, which permits the district court to award attorneys’ fees as a sanction against an attorney who “multiplies the proceedings in any case unreasonably and vexatiously.” The district court denied the request for fees, holding that the ERISA fees motion was untimely and the alleged vexatious conduct by counsel predated the present litigation and therefore was not covered by §…