Section 13 Attorney Fees and Costs

• Library: Employer-Employee Law 2008

An award of attorney fees and costs may be available to either party. 29 U.S.C. § 1132(g)(1). “The award of fees in ERISA cases is discretionary and there is no presumption favoring the award of fees to either party.” Brown v. Aventis Pharms., Inc., 341 F.3d 822, 828
(8^th Cir. 2003) (citing Martin v. Ark. Blue Cross & Blue Shield,
299 F.3d 966, 971–72 (8^th Cir. 2002)). But “although there is no presumption in favor of attorney fees in an ERISA action, a prevailing plaintiff rarely fails to receive fees.” Starr v. Metro Sys., Inc., 461...