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Denial of Attorney Fees: 5th Cir.

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  • Denial of Attorney Fees: 5th Cir.

    In a very brief opinion from the Fifth Circuit, the court, in relevant part, holds:

    We have generally said a district court deciding whether to award fees under § 1132(g)(1) should consider the five factors articulated in Iron Workers Local No. 272 v. Bowen, 624 F.2d 1255, 1266 (5th Cir. 1980). See, e.g., Todd v. AIG Life Ins. Co., 47 F.3d 1448, 1458 (5th Cir. 1995). But the Supreme Court requires that a claimant “show ‘some degree of success on the merits’ before a court may award fees.” Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 242, 255 (2010) (quoting Ruckelshaus v. Sierra Club, 463 U.S. 680, 694 (1983)). “A claimant does not satisfy that requirement by achieving trivial success on the merits or a purely procedural victory.” Id. (cleaned up). The district court therefore did not abuse its discretion in concluding, as explained on remand, that attorney fees were not available to NCMC under ERISA because its only claims under that statute were dismissed.
    The short opinion is attached below.
    Attached Files
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