United States Second Circuit

Denial of plaintiff's requests for attorney's fees and prejudgment interest in connection with plaintiff's successful claim under the Employment Retirement Income Security Act (ERISA) are reversed and remanded where: 1) the district court's view of defendant-insurance company's rejection of plaintiff's claim of continued disabling pain as "not constitut[ing] culpability sufficient to warrant an award of attorney's fees," was not supported by the record and that plaintiff was entitled to an award of attorney's fees notwithstanding the absence of a common benefit to the employer's long term disability income plan's participants; and 2) the district court's denial of prejudgment interest was an abuse of discretion.

Appellate Information

• Decided 01/23/2009
• Published 01/23/2009

Judges

Court

• United States Second Circuit

Counsel