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Fee Awards Under ERISA: The Long and Winding Road to 'Some Success on the Merits' (PDF)
Jenner & Block in the Employee Relations Law Journal 
Sept. 7, 2018 "The [Supreme Court] found that attorneys' fees may be awarded if a party obtains 'some degree of success on the merits.' As is its prerogative, the Court did little to elucidate this standard... [A recent Ninth Circuit] decision and the district court's handling of two separate fees requests by both parties demonstrates just how lenient the 'some success' standard can be when applied to plaintiffs, and how that leniency can evaporate when the party seeking fees is the defendant." [Brasley v. Fearless Farris Service Stations, Inc., No. 16-35519 (9th Cir. Mar. 13, 2018, unpub.)] MORE >> |
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