‘Bad faith’ not required in awarding fees
Fee awards made pursuant to the Employee Retirement Income Security Act’s (ERISA) fee-shifting statutory provision (29 U.S.C. Section 1132(g)) are a critical part of ERISA litigation. A ruling last month from the 2nd U.S. Circuit Court of Appeals, Donachie v. Liberty Life Assurance Co. of Boston, 2014 U.S.App.LEXIS 4593 (2nd Cir. March 11, 2014), clarified […]