Legal Opinion

Ursic v. Bethlehem Mines

Court of Appeals for the Third Circuit

Decided October 19, 1983No. Nos. 83-5155, 83-5242PublishedCited by 240 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we determine that the district court, 556 F.Supp. 571, properly chose to award an attorney’s fee to the prevailing plaintiff in an ERISA case. However, we conclude that, although counsel was effective and competent, the nature of the factual and legal issues litigated did not justify an amount beyond the fee “lodestar” described in our precedents reviewed in this opinion.

William Ursic brought suit under section 510 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1140 (1976), to recover past and future pension benefits.…

2Cases cited40 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  3. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
  4. Hummell v. S. E. Rykoff & Co.Court of Appeals for the Ninth Circuit · 1980
  5. Iron Workers Local 272 v. BowenCourt of Appeals for the Fifth Circuit · 1980

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3Cited by240 opinions

  1. Laffey v. Northwest Airlines, Inc.Court of Appeals for the D.C. Circuit · 1984
  2. Rode v. DellarcipreteCourt of Appeals for the Third Circuit · 1990
  3. Sullivan v. DB Investments, Inc.Court of Appeals for the Third Circuit · 2011
  4. In Re Busy Beaver Building Centers, Inc. Kirkpatrick & LockhartCourt of Appeals for the Third Circuit · 1994
  5. Jaime Blum, Brij Kapur and James C. Spitsbergen, in 86-5349 v. Witco Chemical Corporation, in 86-5310Court of Appeals for the Third Circuit · 1987

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