Legal Opinion
Bishop v. Osborn Transportation, Inc.
District Court, N.D. Alabama
Decided April 26, 1988No. Civ. A. 86-AR-1345-MPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
ACKER, District Judge.
The court has for consideration the motion of plaintiff, Guy H. Bishop, for attorney’s fees. It erroneously invokes 29 U.S. C. § 1332(9)(1), a non-existent statute. The court deduces that Bishop means to invoke 29 U.S.C. § 1132(g)(1), which provides:
In any action under this subchapter ... by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.
Bishop’s original motion for an award of fees for the trial court proceedings in his ERISA action was filed on March 16,…
2Cases cited28 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blum v. StensonSupreme Court of the United States · 1984
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
23 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jordan v. Reliable Life InsuranceDistrict Court, N.D. Alabama · 1988