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Supreme Court Says Clock for Appeal of ERISA Decision Began Running Sooner Than Plaintiff Expected
Williams Mullen Link to more items from this source
Jan. 29, 2014
"ERISA section 502(g) entitles an ERISA litigant to ask for an award of fees if the litigant can demonstrate that it has achieved 'some degree of success on the merits', and motions to recover those fees will certainly continue. However, the decision in [Ray Haluch Gravel Co. is a strong reminder that the Supreme Court believes that the requirements of federal procedure are important, and that failure to comply with them could result in the loss of important rights and claims under ERISA. The practical outcome of Ray Haluch Gravel Co. is likely to be filings of appeal notices earlier in the proceedings, with subsequent requests to consolidate appeals of any later decisions relating to fees and costs."

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