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Is a Court Remand to Claims Administrator 'Because the Record Is Insufficient for De Novo Review' Sufficient Success to Award Attorney Fees?
Lane Powell PC 
Aug. 21, 2014 "Is a court's remand for further review of an ERISA-governed claim by the claims administrator a sufficient 'degree of success on the merits' to qualify for an award of attorney fees and costs? Is merely 'surviving to fight another day' the same as winning the war or winning a significant battle? Maybe so.... [T]his opinion, and the dissenting opinion, ... outlines arguments (and cites the cases nationally) on both sides of the issue[.]" [Gross v. Sun Life Assurance Co. of Canada, No. 12-1175 (1st Cir. Aug. 14, 2014)] MORE >> |
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