No case of the week this week, but keep reading to stay abreast of the latest ERISA developments.

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Attorneys’ Fees

Third Circuit

Kairys v. S. Pines Trucking, Inc., No. 2:19-cv-1031-NR, 2022 WL 1457786 (W.D. Pa. May 9, 2022) (Judge J. Nicholas Ranjan). Having succeeded on the merits with his statutory wage and ERISA claims, plaintiff Thomas Kairys moved for attorneys’ fees and costs. Defendant Southern Pines Trucking agreed that an award of fees and costs was appropriate but objected to the amount of both the attorneys’ fees and the costs requested, arguing they were excessive. Although the hourly rates were not specified in the decision, the court found “the rates Mr. Kairys’ counsel charged are well-supported and reflective of the market rate.” Accordingly, the court overruled defendant’s request to reduce the hourly rates. The court also articulated that the billing entries were appropriately detailed.
Continue Reading Your ERISA Watch – Week of May 18, 2022

On this month’s episode our host Elizabeth Hopkins interviews Ed, a father whose daughter struggled with an eating disorder when she was a teenager over a decade ago. The family had to take out a second mortgage on their home in order to pay for life-saving treatment at a residential facility after their healthcare

Spring break continues with another slow week ERISA-wise in the courts. But go on an Easter egg hunt for one case that decides that speeding is not a crime, another that allows a claim based on the Takings Clause of the Fifth Amendment to go forward against the government for statutory amendments to ERISA, and other interesting decisions below.

Continue Reading Your ERISA Watch – Week of April 13, 2022