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Monkelis v. Mobay Chemical

United States Court of Appeals, Third Circuit
Sep 2, 1987
827 F.2d 935 (3d Cir. 1987)

Summary

finding of bad faith because non-prevailing party's claim time-barred and frivolous

Summary of this case from Ellison v. Shenango Inc. Pension Bd.

Opinion

No. 87-3244.

Submitted United Third Circuit Rule 12(6) August 18, 1987.

Decided September 2, 1987.

Michael R. Monkelis, pro se.

John J. Myers, Peter J. Ennis, Eckert, Seamans, Cherin Mellott, Pittsburgh, Pa., for appellee, Mobay Corp.

Appeal from the United States District Court for the Western District of Pennsylvania.

Before GIBBONS, Chief Judge, and WEIS and SLOVITER, Circuit Judges.


OPINION OF THE COURT


Michael R. Monkelis appeals from an award of attorney's fees to the prevailing defendant in an ERISA case. Monkelis brought suit against his former employer, Mobay Chemical, seeking damages under 29 U.S.C. § 1140 and under Pennsylvania common law. The district court applied a borrowed six-year state law statute of limitations and concluded that Monkelis' ERISA claim was time barred. Having dismissed the ERISA action, the remaining state law claims were also dismissed for lack of jurisdiction. Mobay Chemical requested attorney's fees, and the district court, finding that Monkelis' claims were "frivolous and without legal merit or foundation in fact," awarded $5,167.75. Monkelis appealed contending that the district court erred both in its determination on the merits and on its award of an attorney's fee. In a companion appeal, 827 F.2d 937 (3rd Cir. 1987) docketed at No. 87-3095, we held that the district court did not err in granting summary judgment in favor of Mobay Chemical on statute of limitations grounds. In this appeal, we conclude that the district court did not abuse its discretion in awarding attorney's fees and expenses.

Section 502(g)(1) of ERISA, 29 U.S.C. § 1132(g)(1), provides that "the court in its discretion may allow a reasonable attorney's fee and costs of action to either party," but does not automatically mandate an award to a prevailing party. See Iron Workers' Local No. 272 v. Bowen, 624 F.2d 1255, 1265 (5th Cir. 1980). In determining whether to make an award of fees under ERISA, this court has considered the following five policy factors:

(1) the offending parties' culpability or bad faith;

(2) the ability of the offending parties to satisfy an award of attorneys' fees;

(3) the deterrent effect of an award of attorneys' fees against the offending parties;

(4) the benefit conferred on members of the pension plan as a whole; and

(5) the relative merits of the parties' position.

Ursic v. Bethlehem Mines, 719 F.2d 670, 673 (3d Cir. 1983). Monkelis contends that Mobay Chemical failed to establish its right to attorney's fees under the factors set forth in Ursic.

First, we consider the first and fifth factors listed above, Monkelis' "culpability or bad faith" and the "relative merits of the parties' positions." These factors do support an award of fees to Mobay Chemical. The evidence demonstrates that Monkelis' ERISA claim was time barred and substantively without merit. Monkelis has failed to set forth any specific factors to support his claim that he was terminated to prevent his pension from vesting. This failure is particularly egregious since it was established that, at the time of his termination, Monkelis had only been employed by Mobay Chemical for approximately four years and had five years remaining before his pension would vest.

Moreover the facts in this case had been developed in extensive litigation in the state courts brought by Monkelis against Mobay. That law suit was also based on allegations of wrongful discharge and resulted in a jury verdict in favor of the defendant. Although brought under a different legal theory, the ERISA suit was basically a rehash of the same facts that had been found against Monkelis in the state proceeding. While the time bar issue presents a close question, Monkelis' ERISA claim is clearly frivolous on the merits.

The next factor we consider is the parties' ability to pay. We cannot conclude that Monkelis lacks the ability to satisfy the fee award since Monkelis has never argued that he is unable to satisfy Mobay Chemical's claim for $5,167.75.

The remaining factors to consider in determining whether the district court abused its discretion in awarding attorney's fees and costs are the deterrent effect of such an award and the benefit conferred on members of the pension plan. The third factor, deterrence, supports an award of fees because we believe that the deterrent effect will be beneficial upon those who contemplate speculative and duplicative litigation on thinly based grounds. The fourth factor, the benefit conferred on the ERISA beneficiaries, is not relevant because Monkelis did not bring an action against the pension fund itself.

Since we find that the district court did not abuse its discretion in awarding attorney's fees and costs to Mobay Chemical pursuant to 29 U.S.C. § 1132(g)(1), there is no need to consider whether such an award would be proper pursuant to Fed.R.Civ.P. 11. Lastly, we need not address Monkelis' alternate ground for reversal, that an erroneously entered judgment requires reversal of the associated attorney's fee award, since we have upheld the district court's grant of summary judgment in docketed appeal No. 87-3095.

For the foregoing reasons, the order of the district court awarding attorney's fees and costs to Mobay Chemical is affirmed.


Summaries of

Monkelis v. Mobay Chemical

United States Court of Appeals, Third Circuit
Sep 2, 1987
827 F.2d 935 (3d Cir. 1987)

finding of bad faith because non-prevailing party's claim time-barred and frivolous

Summary of this case from Ellison v. Shenango Inc. Pension Bd.

concluding that where the "evidence demonstrates that [plaintiff's] ERISA claim was time barred and substantively without merit," the first factor weighs in favor of awarding attorney's fees and costs

Summary of this case from Loving v. Pirelli Cable Corp.

affirming district court's determination on the merits to dismiss plaintiffs ERISA claim as time-barred and to award of attorneys' fees

Summary of this case from Christian v. Honeywell Ret. Benefit Plan

affirming a district court's award of attorneys' fees against plaintiff

Summary of this case from Hoagland v. AmeriHEALTH Administrators

affirming a district court's award of attorney's fees against plaintiff

Summary of this case from Loving v. Pirelli Cable Corp.

In Monkelis, which the district court cited, the five Ursic factors were once again recited and, as stated, the district court's analysis was reviewed by us and affirmed.

Summary of this case from Anthuis v. Colt Industries Operating Corp.

considering "the ability of the offending parties to satisfy an award of attorneys' fees" under ERISA fee shifting provision

Summary of this case from Napier v. Thirty or More Unidentified Fed. A.

awarding ERISA defendant attorneys' fees and recognizing that the benefit factor was "not relevant"

Summary of this case from Cent. Valley Ag Coop. v. Leonard

considering the first and fifth Ursic factors together

Summary of this case from Christian v. Honeywell Ret. Benefit Plan

In Monkelis v. Mobay Chemical, 827 F.2d 935 (3d Cir.1987), the United States Court of Appeals for the Third Circuit affirmed an award of attorneys' fees to defendant where plaintiff's ERISA claim was a rehash of the same facts which had been found against plaintiff in a previously filed wrongful discharge claim in state court.

Summary of this case from Estate of Schwing v. Lilly Health Plan

noting in relation to culpability that a claim was "clearly frivolous on the merits"

Summary of this case from McGuffey v. Brink's, Inc.

awarding fees where claim was time-barred, plaintiff set forth no factors to support claim of termination to prevent pension from vesting, plaintiff had five more years before pension vested, and facts of case were previously litigated in wrongful discharge action in state court

Summary of this case from Foley v. Int'l B. of Elect. Workers Local Union 98 Pen.

awarding attorneys' fees to defendant in ERISA action where former employee failed to set forth any specific facts to support his claim that he was terminated to prevent his pension from vesting, employee's claim was time barred and suit was basically a rehash of same facts that had been found against former employee in state proceeding

Summary of this case from Srein v. Frankford Trust Company
Case details for

Monkelis v. Mobay Chemical

Case Details

Full title:MICHAEL R. MONKELIS, APPELLANT, v. MOBAY CHEMICAL, APPELLEE

Court:United States Court of Appeals, Third Circuit

Date published: Sep 2, 1987

Citations

827 F.2d 935 (3d Cir. 1987)

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