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Dakotas and Western Minnesota Electrical Industry Health and Welfare Fund v. First Agency, Inc., et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-1846, 16-3319, 16-3375 · judgment August 3, 2017

Certiorari denied · March 19, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a district court abuses its discretion to award attorney’s fees pursuant to ERISA § 502(g)(1) when the awardee obtained at least some degree of success on the merits.

Counsel of record

For petitioner
Bryan James Morben
Kutak Rock, LLP

For respondent
Jonathan B. Frank
Maddin Hauser

Case

Conference history
Distributed for 1 conference

Related
Vide, 17-863

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 21 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 14 2018
    Waiver of right of respondents First Agency, Inc., et al to respond filed.
  4. Jan 16 2018
    Petition for a writ of certiorari filed. (Response due February 20, 2018)