Plan Was Not Prevailing Party; 11th Circuit Panel Reverses Award Of Costs

(April 14, 2016, 2:09 PM EDT) -- ATLANTA — The 11th Circuit U.S. Court of Appeals on April 12 affirmed a district court’s finding that a disability claimant failed to prove that a termination of disability benefits was arbitrary and capricious but reversed the court’s award of costs in favor of the plan because the plan was not the prevailing party as it was held liable for a civil penalty for not timely responding to the claimant’s request for plan documents (Kathy Emery v. American Airlines Inc., No. 15-10100, 11th Cir.; 2016 U.S....
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