ERISA Ruling's Future Impact 'Hardt' To Discern

Law360, New York (June 11, 2010, 12:40 PM EDT) -- Though the U.S. Supreme Court's May decision that Employee Retirement Income Security Act claimants don't have to be the "prevailing party" to recover attorneys' fees resolved a circuit split, it will take years of litigation to flesh out the high court's new "some degree of success" standard, attorneys said.

On May 24, the Supreme Court rejected Reliance Standard Life Insurance Co.'s argument that Bridget Hardt should be denied fees because she was not a prevailing party and never obtained an enforceable judgment, finding that the relevant...
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