Legal Opinion

George Cann v. Carpenters' Pension Trust Fund for Northern California

Court of Appeals for the Ninth Circuit

Decided March 25, 1993No. 91-15628PublishedCited by 64 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge:

George Cann appeals the district court’s decision that he is entitled to only $19,847.00 of the $51,600.24 in attorneys’ fees that he requested under ERISA’s attorneys’ fees provision, 29 U.S.C. § 1132(g)(1). The issues are whether the statute allows for attorneys’ fees for the administrative phase of the claims process, and whether it allows for enhancement for contingency. We hold that it allows for neither, and affirm.

I. Facts.

Cann had disputes regarding his pension eligibility with the southern, and then the northern, carpenters’ union pension trusts. He prevailed…

2Cases cited15 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  3. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  4. City of Burlington v. DagueSupreme Court of the United States · 1992
  5. Sullivan v. HudsonSupreme Court of the United States · 1989

10 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Welch v. Metropolitan Life Ins. Co.Court of Appeals for the Ninth Circuit · 2007
  2. Securities and Exchange Commission v. Kevin Michael McCarthy Thomas William BlodgettCourt of Appeals for the Ninth Circuit · 2003
  3. Schefke v. Reliable Collection Agency, Ltd.Hawaii Supreme Court · 2001
  4. Vaught v. Scottsdale Healthcare Corp. Health PlanCourt of Appeals for the Ninth Circuit · 2008
  5. JULIE PARKE, — v. FIRST RELIANCE STANDARD LIFE INSURANCE COMPANY, — JULIE PARKE, — v. FIRST RELIANCE STANDARD LIFE INSURANCE COMPANY, —Court of Appeals for the First Circuit · 2004

59 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API