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Tenth Circuit Rejects Claim for Pre-Litigation Attorney’s Fees
Kantor & Kantor 
July 16, 2025 "[T]he Tenth Circuit agreed with the Ninth Circuit's ultimate decision in Castillo, which was that attorney's fees are not available under Section 1132(a)(3) as a form of equitable relief. The Tenth Circuit ruled that because ERISA explicitly addresses the availability of fees in Section 1132(g), it is improper to apply other provisions in ERISA, such as Section 1132(a)(3), to award the same relief." [Stark v. Reliance Standard Life Ins. Co., No. 24-6137 (10th Cir. July 8, 2025)] MORE >> |
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