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· 6/6/2011

Toussaint v. JJ Weiser, Inc.

Citations

  • 648 F.3d 108
  • 51 Employee Benefits Cas. (BNA) 2430
  • 2011 U.S. App. LEXIS 11410
  • 2011 WL 2175987

How courts have described this case

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

  • noting that a court is not required to award fees simply because the claimant achieved some success on the merits
  • acknowledging that under Hardt, a district court’s discretion is not constrained by the multi-factor test previously adopted by the Second Circuit
  • \This favorable slant toward ERISA plaintiffs is necessary to prevent the chilling of suits brought in good faith\
  • “A court may apply—but is not required to apply—the Chambless factors in ‘channeling [its] discretion when awarding fees’ under § 1132(g)(1
  • “So long as a party has achieved some degree of success on the merits, a court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.”
  • “[T]here is no dispute that Defendants achieved both prevailing party status and some degree of success on the merits in this case because the district court granted summary judgment in their favor and [the Second Circuit] affirmed.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Calabresi, Wesley

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.