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Home / Opinion / 10-1061 & 10-2749 Huss v. IBM Medical & Dental Plan

10-1061 & 10-2749 Huss v. IBM Medical & Dental Plan

ERISA Attorney fees Where an insured obtains some success in suing an ERISA plan for denial of benefits, but may not ultimately prevail, the district court’s award of attorney fees is vacated pending reconsideration on remand. “We would be hesitant to conclude that the Defendants’ position, though unsuccessful in significant part, was so indefensible as to warrant an ...

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