The prevailing party in an ERISA benefits case may petition the court for an award of attorney fees. The award is discretionary and dependant on a number of factors. Recently a claimant in an ERISA pension benefits case was awarded over $100,000 in attorney fees.

This was due in large part to the excellent work of his attorneys at Troutman Sanders.

Here is the memorandum in support of the ERISA attorney fee petition they filed.

The case was Rust v Electrical Workers Local No 26.

 

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