5th Circuit Affirms Fee Award For Prevailing ERISA Defendant

Mealey's (November 25, 2019, 12:47 PM EST) -- NEW ORLEANS — In a Nov. 20 unpublished ruling, the Fifth Circuit U.S. Court of Appeals rejected as “meritless” arguments for reversing a Texas federal judge’s decision to award an appellee attorney fees incurred in its successful defense to allegations of negligent misrepresentation, breach of contract, civil conspiracy and fraudulent concealment (Alicia Cluck v. MetroCare Services – Austin L.P., No. 19-50327, 5th Cir., 2019 U.S. App. LEXIS 34739)....