BANDAK v. ELI LILLY AND CO. RETIREMENT PLAN

Nos. 09-1620, 09-2271.

587 F.3d 798 (2009)

Stephen I. BANDAK, Plaintiff-Appellee, v. ELI LILLY AND COMPANY RETIREMENT PLAN, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 18, 2009.


Attorney(s) appearing for the Case

Andrew W. Hull (argued), Hoover Hull LLP, Indianapolis, IN, for Plaintiff-Appellee.

Jon B. Laramore (argued), Paul Alan Wolfla, Baker & Daniels, Indianapolis, IN, for Defendants-Appellants.

Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.


POSNER, Circuit Judge.

Bandak, a retired employee of Eli Lilly, sued the company's retirement plan under ERISA and received a judgment for $100,222.86 in damages and an injunction against the plan's offsetting any of his future benefits by amounts paid to him under a plan in which he was enrolled when he worked in the United Kingdom. The district court also awarded him attorneys' fees and costs, amounting to $89,612, on the ground that Lilly's position in the litigation...

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