Temme v. Bemis Co., Inc.

Federal 7th Circuit Court
Civil Court
Attorney Fees
Citation
Case Number: 
No. 14-1085
Decision Date: 
August 6, 2014
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in awarding plaintiff $405,053.75 in attorney fees after parties settled lawsuit in which plaintiff sued defendant for eliminating certain health-care benefits that plaintiffs argued they were owed under 1985 plant-closing agreement with defendant’s predecessor in interest, and where plaintiffs argued that said reductions/eliminations of benefits violated ERISA. Under ERISA, plaintiffs are entitled to attorney fees under certain circumstances, and Dist. Ct. could properly conclude that plaintiff established their entitlement to fees where: (1) plaintiffs achieved some degree of success where effect of settlement was restoration of medical benefits at 2007 level; (2) defendant had financial ability to pay said fees; (3) fee award provided deterrence to others who wish to improperly cut off medical benefits to those who need them; and (4) plaintiffs were clearly entitled to such benefits. Fact that Dist. Ct. had initially awarded defendant summary judgment in case that was overturned on appeal did not require finding that defendant was “substantially justified” in eliminating said benefits for purposes of defeating plaintiffs’ request for fees.