Coronavirus (COVID-19) News and Resources
Coronavirus (COVID-19) Webcasts
Subscribe to Free Daily Newsletters
Post a Job

Featured Jobs

Defined Contribution Account Manager
Nova 401(k) Associates logo
Nova 401(k) Associates
(Houston TX / Dallas TX / Scottsdale AZ / Telecommute)
ESOP Valuation Writer
Unique ESOP Valuation Provider

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Get the BenefitsLink app LinkedIn

<< Previous news item   |   Next news item >>

Second Circuit: All Relevant Factors Must Be Considered in Awarding Attorney's Fees; Absence of Bad Faith Alone Is Not Sufficient (PDF)
U.S. Court of Appeals for the Second Circuit Link to more items from this source
Mar. 13, 2014
"[I]f a court chooses to consider factors other than a plaintiff's 'success on the merits' in assessing a request for attorneys' fees, Chambless still provides the relevant framework in this Circuit, and courts must deploy that useful framework in a manner consistent with our case law. A court cannot selectively consider some factors while ignoring others.... [The District Court] originally denied attorneys' fees on the sole basis that Liberty had not acted in bad faith. But we have explained that 'a party need not prove that the offending party acted in bad faith' in order to be entitled to attorneys' fees.... The District Court did not consider culpability, which we have found in circumstances analogous to those at issue here.... The District Court also did not address the 'relative merits' ... By inadequately addressing these two important factors and, instead, treating the absence of bad faith as the most salient factor, the District Court committed an error of law[.]" [Donachie v. Liberty Life Assurance Company of Boston, No. 12-2996-lv (2d Cir. Mar. 11, 2014)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2020, Inc.