"The court decided that a party can achieve success on the merits without any judicial action.... [and] that the defendants' voluntary payment of interest was sufficient to make the claimants eligible for attorney fees ... The Third Circuit failed to recognize the chilling effect its ruling will likely have on settlement of ERISA claims once a lawsuit is filed. Also lost on the court is the potential increase in lawsuits involving questionable ERISA claims by attorneys hoping to secure a nominal settlement and then demanding fees as a result." [Templin v. Independence Blue Cross, No. 13-4493 (3d Cir. May 8, 2015)]