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Employment – ERISA — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//August 6, 2014//

Employment – ERISA — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//August 6, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

Employment – ERISA — attorney fees

Where employees substantially prevailed in their dispute over plant closing benefits, they are entitled to full attorney fees.

“In further considering the case as a whole, the district court also noted the desirability of preventing other companies from cutting off or needlessly delaying benefits in a similar manner. In so reasoning, the district court properly looked at more than a short-lived, provisional victory for Bemis at one isolated point in this litigation. This tilts the third of the five factors we consider—the deterrence effect—in favor of awarding fees. In all, the five factors weigh towards the grant of attorneys’ fees.”

“Thus we conclude that the district court did not abuse its discretion in awarding attorneys’ fees to the plaintiffs. We reject Bemis’s invitation to cut the amount of the fees awarded because, as discussed, Bemis’s position as a whole throughout the case supported the award of the entire lode-star amount (minus the subtractions by the lower court discussed above).”

Affirmed.

14-1085 Temme v. Bemis Co., Inc.

Appeal from the United States District Court for the Eastern District of Wisconsin, Gorence, Mag. J., Per Curiam.

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