Jenner & Block

Co-author, Client Advisory: Supreme Court Broadens Interpretation Of ERISA Attorney Fees Provision To Reject "Prevailing Party" Standard, Concluding That Only "Some Success On The Merits" Is Required

In this advisory, Partner Amanda S. Amert and Associate April A. Otterberg discuss the U.S. Supreme Court decision in Hardt v. Reliance Standard Life Insurance Company, in which the Court unanimously held that a party need only establish "some success on the merits" to recover attorneys' fees under ERISA § 1132(g)(1), which governs fee awards in most ERISA suits.  As the authors note, the Court rejected the higher "prevailing party" standard that had been adopted by a number of courts.