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Eleventh Circuit: One Party's Attorney Can't Be Held Personally Liable for the Other Party's Attorney Fees under ERISA
Thomson Reuters Practical Law Link to more items from this source
Apr. 9, 2021

"The [district] court directed the claimant's attorney, rather than the claimant herself, to pay the fees to the insurer, because the attorney was responsible for prolonging the litigation of moot arguments despite having 30 years of ERISA experience.... [T]he Eleventh Circuit [overturned, stating] that interpreting ERISA's attorney's fee provision to allow an award of fees against a lawyer would circumvent existing procedures for sanctioning attorney misconduct." [Peer v. Liberty Life Assurance Co. of Boston, No. 19-13974 (11th Cir. Apr. 6, 2021)]

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