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Ethics

: Legal Ethics Forum

Court reverses denial of attorney's fees in Hardt v. Reliance Standard Life Insurance Co.

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The Supreme Court issued an opinion this morning in the second of three fee-shifting cases taken up during the 2009 Term.  Justice Thomas authored the unanimous decision to reverse the Fourth Circuit's denial of attorney's fees in an ERISA case involving a dispute about long-term disability benefits.  The Court held that a fee claimant need not be a prevailing party under the ERISA statute at issue, 29 U.S.C. § 1132(g)(1), because the language of the statute gives courts discretion to award fees "to either party."  Further, the Court found that fees and costs may be awarded under this section if the claimant has achieved "some degree of success on the merits."  The full opinion is available here.

Full post as published by Legal Ethics Forum on May 24, 2010 (boomark / email).

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