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Category: Attorney’s Fees

Your ERISA Watch – Claimant Entitled to Attorney’s Fees for Court-ordered Remand Despite Insurer’s Offer of Voluntary Remand

This week’s notable decision is a fee decision and firm victory in Benjamin v. Oxford Health Ins., Inc., __F.Supp.3d__, 2019 WL 126190 (D. Conn. Jan. 8, 2019), a matter involving denial of residential treatment for a mental and/or behavioral health…

Your ERISA Watch – Court Orders Unsuccessful Claimant to Pay Third-Party Administrator’s Attorneys’ Fees in Lawsuit Preempted by ERISA

In ERISAland, attorneys’ fees are infrequently awarded to defendants for having to defend themselves in a matter involving a denial of disability benefits.  This week’s notable decision, Hackney v. Allmed Healthcare Management, Inc., No. 3:15-CV-00075-GFVT, 2018 WL 1981902 (E.D. Ky.…

ERISA Watch – First Circuit Holds that Claimant Is Disabled by RSD and Fibromyalgia; Sanctions against Her Attorney for Threatening to Sue Insurer’s “Independent” Doctor Are Not Warranted.

This week’s notable decision is Gross v. Sun Life Assurance Co. of Canada, No. 16-1958, __F.3d__, 2018 WL 460203 (1st Cir. Jan. 18, 2018).  It’s jam packed with lots of goodies concerning consideration of chronic pain, surveillance, sanctions, prejudgment interest,…

ERISA Watch – Plan Is Entitled to Recover Its Appellate Attorneys’ Fees for Time Spent Defending Fee Award

Last week’s notable decision was about attorneys’ fees.   This week’s notable decision is also about fees:  Micha v. Sun Life Assurance of Canada, Inc., No. 16-55053, __F.3d__, 2017 WL 4896481 (9th Cir. Oct. 31, 2017).  And I love it when…

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