'Prevailing Party' Not a Requirement

Darras, Frank N.
November 2010
Best's Review;Nov2010, Vol. 111 Issue 7, p65
Trade Publication
The article discusses the court case Hardt v. Reliance Standard Life Insurance Co. on group disability policies under the federal Employee Retirement Income Security Act of 1974 in the U.S. The Supreme Court rules that a claimant may not be the prevailing party eligible for attorney's fees. It remands the case to the insurer and ordered to review and reconsider the case. It points out that the claimants may argue that remand order constitutes success to receive an attorney's fees award.


Related Articles

  • Court Authorizes ERISA Action Against Nonplan and Nonplan Administrator Party.  // Benefits Magazine;Oct2011, Vol. 48 Issue 10, p55 

    The article discusses a case wherein the U.S. Court of Appeals for the Ninth Circuit ruled that an entity aside from the benefits plan or plan administrator may be subject to litigation in an action for benefits under Section 502(a) of the Employee Retirement Income Security Act of 1974 (ERISA)....

  • OTHER Recent DECISIONS.  // Legal-Legislative Reporter;Jan2008, Vol. 42 Issue 1, p15 

    This article presents summaries of three employee benefits and compensation cases in the U.S. It includes the retiree benefits case Prater et al v. Ohio Education Association, the disability benefits case McKeldin v. Reliance Standard Life Insurance Co. and the collective bargaining case...

  • Disability Insurers, Producers Trudge Toward Better Days. Bell, Allison // National Underwriter / Life & Health Financial Services;3/1/2010, Vol. 114 Issue 5, p20 

    The article discusses the disability insurance industry in the U.S. It mentions that the combined revenue from the U.S. group long-term disability and short-term disability sales continued to be profitable amidst the economic recession. It adds that in the third quarter of 2009, new group...

  • Supreme Court Rules for Plaintiffs in Two Employment-Related Cases.  // Venulex Legal Summaries;2010 Q2, Special section p1 

    The article discusses two employment-related court cases wherein the U.S. Supreme Court ruled in favor of the plaintiffs. The case Lewis vs. City of Chicago noted the Court's application of Title VII in favor of African-American firefighter applicants who charged that the City's employment...

  • Court Holds Accidental Death Benefits Payable to Plan Participant's Widow.  // Benefits Magazine;Nov2014, Vol. 51 Issue 11, p64 

    The article presents the court case in which the U.S. District Court for Northern District of Illinois ruled that the defendant insurance firm was wrong in denying the plaintiff beneficiary's death benefits under a group accidental death benefit policy of her deceased husband and participant...

  • Enforcement of Appeal Deadline.  // Benefits Quarterly;2015Special Issue, Vol. 31, p54 

    The article discusses the court case, Tetreault v. Reliance Standard Life Insurance Co., filed in the U.S. Court of Appeals for the First Circuit, which involves the enforcement of appeal deadline by Reliance after failing to send the summary plan description (SPD) to plaintiff. It explores the...

  • Plan Administrator/Insurer Operates Under a Conflict of Interest.  // Legal-Legislative Reporter;Sep2008, Vol. 42 Issue 9, p2 

    The article discusses a court case wherein the U.S. Supreme Court found a plan administrator who both evaluates and pays benefits claims operates under a conflict of interest, and that the conflict of interest was a factor in determining whether there was an abuse of discretion. In Metropolitan...

  • Hope for Long-Term Care Costs. Wade, Jared // Risk Management (00355593);Jul/Aug2011, Vol. 58 Issue 6, p43 

    The article discusses the report from Aon Global Risk Consulting concerning long-term disability costs in the U.S. in 2011.

  • Social Security Disability Cases. A. S. L. // Lesbian -- Gay Law Notes;Jun2010, p93 

    The article discusses the case Cullins v. Astrue wherein U.S. Magistrate Judge Jon Stuart Scoles found that when the HIV-positive plaintiff's disability benefits claim was denied by the administrative law judge (ALJ), it failed to fully develop the medical record and thus failed to support the...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics