Legal Opinion
Kerkhof v. MCI WorldCom, Inc.
District Court, D. Maine
Decided June 13, 2002No. Civ. 99-118-P-HPublishedCited by 2 opinions
1Opinion of the Court
ORDER ON PLAINTIFF’S APPLICATION FOR ATTORNEY FEES
HORNBY, Chief Judge.
Under the American rule, litigants generally pay their own attorney fees, win, lose or draw, unless a statute provides otherwise. Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 293 (1st Cir.2001). For ERISA lawsuits, there is a statute; it provides that “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” 29 U.S.C. § 1132(g)(1) (2002). Should attorney fees be awarded under this statute to a party who does not win on the merits but achieves some economic benefit…
2Cases cited15 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
- Goldie Miller, as of the Estate of Sarah M. Potok v. United Welfare FundCourt of Appeals for the Second Circuit · 1995
- Gay Officers Action League v. Puerto RicoCourt of Appeals for the First Circuit · 2001
- 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
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3Cited by2 opinions
- Colby v. Assurant Employee BenefitsDistrict Court, D. Massachusetts · 2009
- Mardirossian v. Guardian Life Insurance Co. of AmericaDistrict Court, C.D. California · 2006