In an ERISA action to enforce a pension guaranty agreement, the District Court's award of attorney's fees to Plaintiffs based on the summary judgment they obtained on their ERISA claims is vacated where the District Court erred by taking into account factors relating to non-ERISA claims in the lawsuit in determining the fee award.
Argued on May 29, 2008
Decided on June 18, 2009
Before JACOBS, Chief Judge, CALABRESI and SACK, Circuit Judges. Chief Judge Jacobs concurs in part and dissents in part in a seperate opinion
Opinion by SACK, Circuit Judge.
WILLIAM A. WERTHEIMER, JR., Bingham Farms, Michigan, for Plaintiff-Appellant.