McINTOSH v. Pacific Holding Co.

MEMORANDUM AND ORDER

KOPF, District Judge.

This case is before me upon remand from the Court of Appeals. McIntosh v. Pacific Holding Company, 120 F.3d 911, 912 (8th Cir.1997) (an ERISA plan was silent on the issue of attorney fees for plan beneficiaries who sue third party tortfeasor's when the plan is also subrogated to the recovery of the beneficiary; holding that “federal common law gives an action for attorney’s fees in circumstances like the present ones (sic), and in an amount equal to ‘the value of the [the claimant’s] legal services to the plan;’” remanding for a determination of…