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TESCH v. GENERAL MOTORS CORP.

No. 89-3750.

937 F.2d 359 (1991)

Beth E. TESCH, Plaintiff-Appellee, v. GENERAL MOTORS CORPORATION, Defendant. METROPOLITAN LIFE INSURANCE COMPANY, Defendant, Third-Party Plaintiff/Appellant, v. Wanda L. BRANDT, Kenneth R. Brandt, Jr., and Michael Brandt, Third-Party Defendants/Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 16, 1991.

Attorney(s) appearing for the Case

Lawrence T. Lynch, George D. Cunningham, James O. Huber, Alexander T. Pendleton, Foley & Lardner, Milwaukee, Wis., and William J. Toppeta, and Allan M. Marcus, Metropolitan Life Ins. Co., New York City, for Gen. Motors Corp. and Metropolitan Life Ins. Co.

Gary A. Ahrens, Kimberly A. Kunz, Michael, Best & Friedrich, Seymour Pikofsky, and Robert G. Stuligross, Pikofsky, Zauner & Campenni, Milwaukee, Wis., for Wanda L. and Michael Brandt and Kenneth R. Brandt, Jr.

Before BAUER, Chief Judge, and CUDAHY and POSNER, Circuit Judges.

BAUER, Chief Judge.

In this appeal, we are asked to determine whether the district court abused its discretion in awarding attorney's fees to prevailing defendants in an action under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Applying the settled law of this circuit, we find that the district court's order awarding attorney's fees to the third-party defendants-appellees was indeed an abuse of discretion and, therefore...

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