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· 5/24/2004

JULIE PARKE, — v. FIRST RELIANCE STANDARD LIFE INSURANCE COMPANY, — JULIE PARKE, — v. FIRST RELIANCE STANDARD LIFE INSURANCE COMPANY, —

Citations

  • 368 F.3d 999
  • 32 Employee Benefits Cas. (BNA) 2681
  • 2004 U.S. App. LEXIS 10148

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an order explicitly reserving the determination of the amount of attorney’s fees and pre-judgment interest did not become final until the district court later issued an order fixing the amounts
  • affirming disgorgement of interest that ERISA plan administrator earned on account of long term disability benefits wrongfully withheld from plaintiffs
  • reviewing whether ERISA permits an award of attorney’s fees for administrative proceedings de novo
  • allowing interest as equitable remedy where plaintiff showed that the defendant profited from the breach even though it was not possible to identify the particular res or fund of money holding the profits
  • “In any action under this subchapter . . . the court in its discretion may allow a reasonable attorney’s fee.” (emphasis added
  • client received Social Security payments even though those payments were used to offset a tax burden

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibson, John, Riley, Wollman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.