B&E Partner Jason Ehrenberg publishes BNA article “Hardt, Attorneys’ Fees in ERISA Litigation, and the Success on the Merits Rule”

Congress enacted the Employee Retirement Income Security Act in 1974 in part to protect the interests of benefit plan participants and beneficiaries by creating ‘‘ready access to the Federal courts.’’ Congress included in ERISA an attorneys’ fees provision, Section 502(g) (29 U.S.C. § 1132(g)), which permitted a party to a certain subset of ERISA actions to pursue their attorneys’ fees at the end of a lawsuit. That provision provided that a court had discretion to award attorneys’ fees to either party in certain ERISA actions.

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