United States Sixth Circuit

An order denying plaintiff's application for attorney's fees and costs in an ERISA case is reversed where the district court: 1) abused its discretion in finding that a plan had not engaged in bad faith or culpable conduct and that it did not possess an ill motive; 2) erred in finding there to be little deterrent effect of an award on similarly situated persons and that such factor was not significant; and 3) erred in weighing the relative merits of the parties' positions.

Appellate Information

• Decided 08/31/2006
• Published 08/31/2006

Judges

• PER CURIAM., Before KEITH and COLE, Circuit Judges;  MILLS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Christopher D. Morris, Ryan, Jamieson, Hubbell & Morris, Kalamazoo, MI, for Plaintiff-Appellant.


• For Appellees:
  
• K. Scott Hamilton, Phillip J. Derosier, Dickinson, Wright, PLLC, Detroit, MI, for Defendant-Appellee.