United States Third Circuit

A trial court must award interest under 29 U.S.C. section 1132(g)(2)(B) on an employer's delinquent contributions that were unpaid at the time a suit was filed but paid by the time of judgment. Also, proportionality does not necessarily limit mandatory fee awards in the ERISA context. An award of attorneys' fees for an action brought by a union pension and welfare fund against an employer pursuant to ERISA is affirmed as a motion for fees was timely and the fee award was reasonable.

Appellate Information

• Argued 11/08/2006
• Decided 09/04/2007
• Published 09/04/2007

Judges

• Before: SLOVITER, CHAGARES and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph M. Labuda (Argued), Milman & Heidecker, Lake Success, NY, Counsel for Appellant.


• For Appellees:
  
• Jeremy E. Meyer (Argued), Cleary & Josem, Philadelphia, NY, Counsel for Appellee.