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Awarding Attorney Fees to the Plan When Plaintiff Refuses to Drop Suit After Reinstatement of Benefits
Lane Powell PC 
Apr. 27, 2021 "What happens when the ERISA claimant files suit after the disability claim has been denied, and then the ERISA claims administrator reinstates benefits retroactively? Doesn't reinstatement 'moot' the issues in the lawsuit, or make claims regarding future benefits unripe -- requiring dismissal of the suit? YES it should. And a Plaintiff's decision to continue the case after reinstatement may expose the plaintiff to an award of attorney fees to the defendant." [Peer v. Liberty Life Assurance Co. of Boston, No. 19-13974 (11th Cir. Apr. 6, 2021)] MORE >> |
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