9th Circuit Affirms: Plaintiff Ineligible For Fee Award Under ERISA

(March 28, 2016, 9:07 AM EDT) -- SAN FRANCISCO — A bankruptcy appellate panel properly found that a debtor was ineligible for an award of attorney fees under the Employee Retirement Income Security Act because his nondischargeability proceeding fails to satisfy the test for “arising under” jurisdiction, the Ninth Circuit U.S. Court of Appeals ruled March 24 (Gregory Bos v. The Board of Trustees of the Carpenters Health and Welfare Trust Fund for California, et al., No. 13-15604, 9th Cir.).

(Order available. Document #54-160413-047R.)

The appellate panel of Circuit Judges Diarmuid F. O’Scannlain...
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