claimant's attorney fees

Can a court deny a successful ERISA claimant’s attorney fees solely because there is no evidence of bad faith?  NO.

Here’s the case of Donachie v. Liberty Life Assurance Company of Boston, __ F.3d __ (2nd Cir. March 11, 2014) [PDF].

FACTS: Donachie had a peculiar heart condition: Everyone “sitting in the