TANCREDI v. METROPOLITAN LIFE INS. CO.

No. 03-9296.

378 F.3d 220 (2004)

Stephen TANCREDI and Ronald Speidel, Plaintiffs-Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, a New York Stock Company, and Metlife, Inc., a Delaware Holding Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 9, 2004.


Attorney(s) appearing for the Case

James M. Pietz, Malakoff Doyle & Finberg, P.C., Pittsburgh, PA (Michael P. Malakoff, on the brief), Peter Wasylyk, Providence, RI, for Plaintiffs-Appellants.

Daniel J. Spillane, Debevoise & Plimpton LLP, New York, N.Y. (Bruce E. Yannett and Carl Micarelli, on the brief), Duncan J. Logan, Metropolitan Life Insurance Company, Long Island City, NY, for Defendants-Appellees.

Before: McLAUGHLIN, CABRANES, and WALLACE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

This appeal raises three questions: (1) Did the district court lose jurisdiction to award attorneys' fees after the complaint had been dismissed and a notice of appeal filed?; (2) Was the defendants' motion for attorneys' fees timely?; and (3) Was the complaint so utterly lacking in merit as to be frivolous thereby justifying an award of attorneys' fees to the defendants?

Plaintiffs, holders of insurance policies, appeal from a judgment...

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