United States Second Circuit

Appeal from order awarding attorney fees to plaintiff after summary judgment holding defendant liable under ERISA is dismissed as the district court has yet to exercise its discretion to determine whether fees or costs will be awarded at all.

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

Judges

• DENNIS JACOBS, Chief Judge., Before JACOBS, Chief Judge, WESLEY, HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Tamsin J. Newman, Morgan, Lewis & Brockius LLP, New York, N.Y. (Joseph J. Costello, Morgan, Lewis & Brockius LLP, Philadelphia, PA, on the brief), for Appellant.


• For Appellees:
  
• William A. Wertheimer, Jr., Bingham Farms, MI, for Appellees.