The New York Law Journal ran a front-page article about our firm’s victory against GHI in a health insurance matter. The federal appeals court reversed a federal judge’s prior order that had denied legal fees to our client, under ERISA. The judge’s prior order denying an award of legal fees applied the incorrect legal standard, so our firm pursued a successful appeal, resulting in a reversal of the judge’s legal fee order.
We had obtained success against GHI after a hard fought ERISA health insurance legal battle. All portions of GHI’s lawsuit against our client were dismissed, so we clearly met the standard for ERISA legal fees, in our view, requiring “some degree of success on the merits”. In agreeing with us, the U.S. Court of Appeals for the 2nd Circuit held that summary judgment on one legal claim and GHI’s abandonment of other claims, on the eve of trial, amounted to success on the merits, meeting the threshold standard for an award of fees.
The Law Journal quoted our partner as to the significance of the victory, which clarified the law and set new standards for future ERISA legal fee motions. Our partner has been litigating the case, entitled Scarangella v. GHI, for a number of years.
For more information please feel free to call us at 800 745 1755.
Evan S. Schwartz
Founder of Schwartz, Conroy & Hack
833-824-5350
[email protected]
