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Templin et al v. Independence Blue Cross et al

MEMORANDUM AND/OR OPINION RE: IBC DEFENDANTS' MOTION TO STRIKE THE CROSS MOTION FOR ATTORNEY'S FEES OF PLAINTIFFS

18 Cited authorities

  1. Hardt v. Reliance Standard Life Ins. Co.

    560 U.S. 242 (2010)   Cited 1,353 times   30 Legal Analyses
    Holding a party need not "prevail[]" to obtain a fee award under § 1132(g); instead, a court has discretion to grant such an award as long as the party "has achieved some degree of success on the merits"

  2. Osterneck v. Ernst Whinney

    489 U.S. 169 (1989)   Cited 928 times   3 Legal Analyses
    Holding that a motion for discretionary prejudgment interest “constitute[d] a motion to alter or amend the judgment under Rule 59(e) ”

  3. Ruckelshaus v. Sierra Club

    463 U.S. 680 (1983)   Cited 793 times   2 Legal Analyses
    Holding that Congress's omission of a prevailing party requirement in 42 U.S.C. § 7607(f) “was meant to expand the class of parties eligible for fee awards from prevailing parties to partially prevailing parties”

  4. Ursic v. Bethlehem Mines

    719 F.2d 670 (3d Cir. 1983)   Cited 408 times   1 Legal Analyses
    Holding that "[r]outine tasks, if performed by senior partners in large firms, should not be billed at their usual rates"

  5. Mints v. Educational Testing Service

    99 F.3d 1253 (3d Cir. 1996)   Cited 236 times
    Holding that plaintiff did not raise a federal question when he pled that he lost rights protected by ERISA because "he merely set forth the loss of his ERISA protected rights as a consequence of ETS's actions which allegedly violated [the NJLAD]."

  6. Fields v. Thompson Printing Co., Inc.

    363 F.3d 259 (3d Cir. 2004)   Cited 157 times   1 Legal Analyses
    Declining to look beyond plain language of employment agreement when determining liability under ERISA

  7. Taaffe v. Life Ins. Co. of North Am.

    769 F. Supp. 2d 530 (S.D.N.Y. 2011)   Cited 40 times
    Holding that plaintiff achieved "more than 'some success on the merits'" because the defendant provided her with everything she requested in her complaint

  8. Solomon v. U.S. Healthcare

    2002 Pa. Super. 110 (Pa. Super. Ct. 2002)   Cited 37 times
    Finding no implied private cause of action under Pennsylvania's Health Care Act

  9. Reimann v. Prudential Insurance Company of America

    Case No. 10-CV-456 (E.D. Wis. Oct. 19, 2010)   Cited 9 times
    In Reimann, the plaintiff filed an administrative appeal after Prudential Insurance Company of America (“Prudential”) terminated her benefits.

  10. IN RE UNISYS CORP. RETIREE MEDICAL BENEFITS ERISA LITI

    MDL DOCKET NO. 969, CIVIL ACTION NO. 03-3924 (E.D. Pa. Jun. 26, 2008)   Cited 8 times
    Awarding fees incurred during settlement negotiations pursuant to ERISA

  11. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,778 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  12. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 44,536 times   69 Legal Analyses
    Providing that a motion to alter or amend judgment must be filed within 28 days after entry of judgment

  13. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 42,422 times   144 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  14. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,656 times   174 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  15. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,711 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  16. Rule 29 - Stipulations About Discovery Procedure

    Fed. R. Civ. P. 29   Cited 1,090 times   7 Legal Analyses
    Requiring "written stipulation" for extension of response periods provided for in the rules of procedure

  17. Section 1 - Design and duties of bureau generally

    29 U.S.C. § 1   Cited 61 times

    The general design and duties of the Bureau of Labor Statistics shall be to acquire and diffuse among the people of the United States useful information on subjects connected with labor, in the most general and comprehensive sense of that word, and especially upon its relation to capital, the hours of labor, the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity. 29 U.S.C. § 1 June 13, 1888, ch. 389, §1, 25 Stat. 182; Feb. 14

  18. Section 991.2101 - Scope

    40 Pa. Stat. § 991.2101   Cited 8 times

    This article governs quality health care accountability and protection. 40 P.S. § 991.2101 1921, May 17, P.L. 682, No. 284, § 2101, added 1998, June 17, P.L. 464, No. 68, § 1, eff. 1/1/1999.