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‘Bad faith’ prompts full fee award (access required)

By Deborah Elkins
Published: April 3, 2013
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An ERISA plan administrator’s “disingenuous handling” of a death benefits claim has prompted a Richmond federal court to find bad faith and hit the administrator for the full amount of the claimant’s legal fees. Those fees covered two lawsuits that bracketed an administrative hearing and stretched for eight years after the death of Michael Bryner’s [...]

New fee disclosure rules increase responsibilities (access required)

By Dolan Media Newswires
Published: July 23, 2012
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From the Pension Protection Act of 2006 to fee disclosure regulations taking effect in 2012, employer-sponsored retirement plans have seen a flurry of changes from Congress and regulators. While these changes stand to improve retirement outcomes, they also impose a significant burden on employers and plan fiduciaries. In particular, the new fee disclosure regulations will [...]

High court considers fee awards under ERISA (access required)

By Kimberly Atkins
Published: April 27, 2010
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Just what does it take for a plaintiff to get an attorney fees award in an ERISA action? That was the question Monday as the Supreme Court heard arguments in a case out of the 4th U.S. Circuit Court of Appeals. The stakes are high: The ruling could have a big impact on the roughly [...]

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