Is a plaintiff entitled to attorney's fees in an ERISA action?
MultiRegion, United States of America
The following excerpt is from S.M. v. Oxford Health Plans (Ny), Inc., 15-1234 (2nd Cir. 2016):
6. To get an award of attorney's fees in an ERISA action, a plaintiff "must show 'some degree of success on the merits.'" Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 242, 255 (2010) (quoting Ruckelshaus v. Sierra Club, 463 U.S. 680, 694 (1983)). This plaintiff achieved no success, and is therefore not entitled to fees or costs.
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