Under ERISA, “Some Success,” Even Via Settlement, Permits an Attorneys’ Fee Award

Templin v. Independence Blue Cross, ___ F.3d ___ (3d Cir. 2015).  “A party seeking attorney’s fees under ERISA [the Employees Retirement Income Security Act] must show ‘some success’ on the merits.  Here, the District Court incorrectly defined ‘some success’ by requiring evidence of judicial action.”  So began Judge Nygaard’s opinion for the Third Circuit in […]

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