Employment Law | Expert Legal Commentary
September 2, 2010
Hardt v. Reliance Standard: ERISA Claimants Can Get Attorney Fees Even If They Don’t Win a Judgment
Hardt v. Reliance Standard Life Insurance Co.
By
Jeremy J. Gray of Zuber & Taillieu
In a 9-0 decision, the U.S. Supreme Court has resolved a split among Circuit courts and has held that an ERISA claimant need not be the “prevailing party” in a lawsuit to receive an award of attorneys fees under 29 U.S.C. section 1132(g)(1). In Hardt v. Reliance Standard Life Insurance Co., ___ U.S. ___, 130 S.Ct. 2149 (2010), the Supreme Court determined that the claimant need only achieve “some degree of success” in the case to enable a district court to award her attorney’s fees under the statute.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.
Image Credit: ©iStockphoto.com/Hamster3d
