You already know that under ERISA a court may, in its discretion, award reasonable attorney’s fees and costs to a claimant seeking benefits if there is a showing of “some degree of success on the merits.”
What does “some degree of success on the merits” mean?
You probably already know it does not require…
ERISA allows an award of attorney fees “to either party” at the Court’s “discretion”— so long as the party seeking fees has achieved “some degree of success on the merits.” Hardt v. Reliance Standard Life Insurance Company, U.S. (May 24, 2010).
FACTS:
Hardt had surgeries for back, neck and carpal tunnel issues and made…
