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Posts tagged "Attorney Fees; ERISA"

DeBofsky, Sherman & Casciari Wins Attorney Fee Award

Attorney fee awards available under ERISA are a means of providing an incentive to counsel to agree to represent benefit claimants, while at the same time, fee awards create a deterrent against unjustified denials by benefit plan administrators.  In Fontaine v. Metro.Life Ins.Co., 2014 U.S.Dist.LEXIS 75012, 2014 WL 2511091 (N.D.Ill. June 3, 2014)(copy available at /What-s-New.shtml), DeBofsky, Sherman & Casciari convinced a federal judge to reconsider her prior denial of fees in a case involving disability insurance benefits. Although an earlier ruling found the plaintiff was entitled judgment (2014 U.S.Dist.LEXIS 41253, 2014 WL 1258353 (N.D.Ill. March 27, 2014), the court had previously denied an award of fees, finding the defendant's position was "substantially justified."  On reconsideration, the court acknowledged that it had originally applied the wrong standard and determined that the plaintiff was indeed entitled to fees.

DeBofsky, Sherman & Casciari, PC