McClure v. United Parcel Service Flexible Benefits Plan

MEMORANDUM OPINION AND ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR AWARD OF COSTS AND ATTORNEY FEES

GORDON J. QUIST, UNITED STATES DISTRICT JUDGE

Plaintiff, Jason McClure, has filed a motion for an award of costs and attorney’s fees against Defendant State Farm Mutual Automobile Insurance Company pursuant to 29 U.S.C. § 1132(g)(1). State Farm has filed a response, arguing that: (1) § 1132(g)(1) does not apply in this case because State Farm is not an ERISA plan and McClure’s claims against State Farm were based not on ERISA, but on federal common law; (2) even if § 1132(g)(1) applies, based…