The U.S. Court of Appeals for the Third Circuit has ruled that attorney fees may be awarded in Employee Retirement Income Security Act cases under the catalyst theory, which entitles plaintiffs to fees where the pressure of a lawsuit causes a defendant to voluntarily change its conduct.
In a nonprecedential ruling in Boyle v. International Brotherhood of Teamsters Local 863 Welfare Fund, a panel led by Judge Jane Richards Roth, and including Judges Thomas I. Vanaskie and Joseph A. Greenaway Jr., reversed a New Jersey district judge’s ruling that the ERISA statute does not permit attorney fee awards under the catalyst theory.
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