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The Employee Retirement Income Security Act (ERISA) marks one of those rare instances where Congress chose to depart from the American Rule to grant litigants an opportunity to seek attorney fees. ERISA §502(g)(1) vests courts with discretion to award attorney fees and costs in an action brought by a plan participant, beneficiary or fiduciary. This article examines the standards courts apply when assessing motions for these discretionary awards.

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The Encyclopedia of New York Causes of Action: Elements and Defensesis a single volume annual paperback. It is a quick starting point for virtually any civil case contain...
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