Case: Health & Welfare Benefits/Fee Shifting (11th Cir.)

April 8, 2021, 12:07 AM

ERISA’s fee-shifting provision in Section 1132(g)(1) can’t support a fee award against counsel, the U.S. Court of Appeals for the Eleventh Circuit held. ERISA allows fee awards only against parties, the court said. This means that a Florida attorney is off the hook for paying some of Liberty Life Assurance Co. of Boston’s attorneys’ fees in a disability payment suit.

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