Employment – ERISA – Attorney’s Fees – Exhaustion

By Deborah Elkins
Published: December 1, 2008

A plaintiff who won his ERISA case cannot bill for time spent exhausting administrative remedies, but the Charlottesville U.S. District Court refuses to categorically condemn “block billing” or “lumping of time entries.” While it is not the universal rule among the circuits, in this circuit at least, attorney’s fees incurred in pre-litigation administrative proceeding are not ...

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