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Attorney's Fees Judgment on the Merits

Proskauer - Employee Benefits & Executive...

Fifth Circuit: Plaintiff Not Entitled to Attorneys’ Fees For Obtaining Remand on Appeal

The Fifth Circuit concluded that an individual plaintiff was not entitled to attorneys’ fees, even though she persuaded the Fifth Circuit to vacate and remand a summary judgment decision in favor of the Humana Health Plan,...more

Robinson+Cole ERISA Claim Defense Blog

Remand Directing Change in Standard of Judicial Review Is Not Sufficient Success on the Merits to Support Attorneys’ Fee Award

In Ariana M. v. Humana Health Plan of Texas, Inc., No. 18-20700, 2019 WL 5866677 (5th Cir. Nov. 8, 2019), the Fifth Circuit Court of Appeals rejected a plaintiff’s petition for attorneys’ fees under 29 U.S.C. § 1132(g).  This...more

Moore & Van Allen PLLC

Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements

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What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more

Moore & Van Allen PLLC

What About the Merits – What, If Anything, Will the Supreme Court Do With Cy Pres-Only Class Action Settlements?

Moore & Van Allen PLLC on

We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The settlement is a cy pres-only...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Parker Poe Adams & Bernstein LLP

Supreme Court Allows Employer to Collect Fees From the EEOC Without Verdict on Merits of Claim

Title VII allows federal courts to award attorneys’ fees to the prevailing party in discrimination suits. While plaintiffs typically receive their fees if they win a discrimination or retaliation claim, defendants can also...more

Jackson Lewis P.C.

Fee Wars: Supreme Court Eases Defendants’ Burden for Attorneys’ Fees in Baseless Discrimination Actions

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In an 8-0 decision, the U.S. Supreme Court has ruled that attorneys’ fees for successfully defending a Title VII action can be recovered by an employer even if the defendant’s victory is not based on the merits of the case....more

Seyfarth Shaw LLP

U.S. Supreme Court Rejects The Government’s Position In The Largest EEOC Fee Sanction Case Ever

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Seyfarth Synopsis: In a landmark case for EEOC litigation involving fee sanctions, while employer CRST successfully argued that a ruling “on-the-merits” is not necessary to be a prevailing party, the SCOTUS remanded the case...more

Sherman & Howard L.L.C.

SCOTUS Dodges EEOC Fee-Shifting

This morning, the Supreme Court dodged the final resolution of an issue we have all been dying to have resolved, but threw a nice bone to employers in the process. CRST Van Expedited, Inc. v. EEOC The case started when the...more

Fisher Phillips

Supreme Court Leaves Massive Attorney's Fee Award Against EEOC Unresolved

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But Decision Could Still Be Helpful For Employers - Today, in a unanimous 8-0 decision, the U.S. Supreme Court declined to issue a definitive ruling on whether an employer is entitled to recover nearly $5 million dollars...more

Littler

Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

Littler on

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately...more

Seyfarth Shaw LLP

Briefing For The Big Bucks: CRST Asks U.S. Supreme Court For Attorneys’ Fees From The EEOC

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EEOC v. CRST Van Expedited, Inc. is a key case for all employers. We have been tracking the developments in this case since its inception. Now it has reached the U.S. Supreme Court on the issue of whether attorneys’...more

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