United States Sixth Circuit

A judgment awarding attorney's fees to plaintiff, an individual injured in an automobile accident, in an ERISA action is affirmed where the district court had jurisdiction under 29 U.S.C. section 1132(a)(3) over plaintiff's claim where: 1) the plan's claim that the statute encompasses only equitable relief was meritless; and 2) the relevant threatened claim for jurisdictional purposes was in the nature of a claim by the plan for reimbursement under ERISA.

Appellate Information

• Decided 09/14/2006
• Published 09/14/2006

Judges

• Before:  SILER, CLAY, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  R. Jan Jennings, Joe Paul Leniski, Jr., Branstetter, Stranch & Jennings, Nashville, Tennessee, for Appellant.   Bill Hodde, Hodde & Associates, Nashville, Tennessee, for Appellee.