Legal Opinion
Paul F. McPherson v. Employees' Pension Plan of American Re-Insurance Company, Inc. Pension Committee of Employees' Pension Plan
Court of Appeals for the Third Circuit
Decided August 23, 1994No. 93-5482PublishedCited by 75 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
Attorneys’ fees may be awarded to prevailing parties in actions brought under the Employee Retirement Income Security Act of 1974 (“ERISA”). The statute, however, provides no standard for a fee award, stating only that “the court in its discretion may allow a reasonable attorney’s fee and costs of action.” 29 U.S.C. § 1132(g)(1). To guide district courts as they exercise their discretion in connection with such fee applications, we have set forth five factors that must be considered:(1) the offending parties’ culpability or bad faith;(2) the…
2Cases cited7 opinions
- Ursic v. Bethlehem MinesCourt of Appeals for the Third Circuit · 1983
- Ford v. Temple HospitalCourt of Appeals for the Third Circuit · 1986
- Anthuis v. Colt Industries Operating Corp.Court of Appeals for the Third Circuit · 1992
- Schake v. Colt Industries Operating Corp. Severance Plan for Salaried EmployeesCourt of Appeals for the Third Circuit · 1992
- Kann v. Keystone Resources, Inc.District Court, W.D. Pennsylvania · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Dennis Paese v. Hartford Life and Accident Insurance CompanyCourt of Appeals for the Second Circuit · 2006
- Carolyn J. Gibbs v. Ashley C. Gibbs, a Minor Child and Andrew F. Gibbs, a Minor Child, Intervenor v. General American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 2000
- Skretvedt v. E.I. DuPont De NemoursCourt of Appeals for the Third Circuit · 2004
- Cottrill v. Sparrow, Johnson & Ursillo, Inc.Court of Appeals for the First Circuit · 1996
- National Security Systems, Inc. v. IolaCourt of Appeals for the Third Circuit · 2012
70 more not listed; retrieve them via the Exa API.