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Supreme Court Changes Rules for Attorneys' Fees Awards Under ERISA; Increase in Fee Petitions Expected
McDermott Will & Emery [Guidance Overview] May 28, 2010
Excerpt: The Supreme Court's decision in Hardt may have inadvertently created more issues than it resolved. Importantly, the Supreme Court did not decide the question of whether a remand order to a plan administrator for further consideration qualifies, without more, as 'some success on the merits' that entitles a claimant to fees under ERISA Section 502(g)(1).
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