United States Second Circuit

In an ERISA action to enforce a pension guaranty agreement, the District Court's award of attorney's fees to Plaintiffs based on the summary judgment they obtained on their ERISA claims is vacated where the District Court erred by taking into account factors relating to non-ERISA claims in the lawsuit in determining the fee award.

Appellate Information

• Decided 06/18/2009
• Published 06/18/2009

Judges

• Before:  JACOBS, Chief Judge, CALABRESI and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• William A. Wertheimer, Jr., Bingham Farms, MI, for Plaintiffs-Appellees., Joseph J. Costello (Tamsin J. Newman, of counsel), Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Defendant-Third-Party-Plaintiff-Appellant.