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DONACHIE v. LIBERTY LIFE ASSUR. CO. OF BOSTON

Nos. 12-2996-CV, 12-3031(XAP).

745 F.3d 41 (2014)

John J. DONACHIE, Plaintiff-Appellee-Cross-Appellant, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant-Appellant-Cross-Appellee, Liberty Mutual Insurance Company, Liberty Mutual Holding Company, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 11, 2014.

Attorney(s) appearing for the Case

Michael F. Mongelli II , Michael F. Mongelli II, P.C., Flushing, NY, for Plaintiff.

Michael J. Zaretsky , Chorpenning, Good, Carlet & Garrison, New York, NY, for Defendant.

Before: CABRANES, CARNEY, and DRONEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

In this appeal, we write primarily to clarify the scope of a district court's discretion in deciding whether to award attorneys' fees to a prevailing plaintiff under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., and the proper standard to be applied in exercising that discretion. We consider whether the United States District Court for the Eastern District of New York...

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