Split 9th Circuit Panel Reverses Denial Of Attorney Fees To ERISA Beneficiary

Mealey's (July 1, 2020, 12:09 PM EDT) -- SAN FRANCISCO — A California federal court applied the wrong legal standard in denying attorney fees to a woman who successfully challenged an insurance company over long-term disability benefits under the Employee Retirement Income Security Act, the majority of a Ninth Circuit U.S. Court of Appeals panel said June 25, adding that the lower court should have asked whether there were any special circumstances that would make the fee award unjust (Debra Herrman v. Lifemap Assurance Co., No. 19-35182, 9th Cir., 2020 U.S. App. LEXIS 19947)....