HARDT v. RELIANCE STANDARD LIFE INS. CO.

No. 09-448.

130 S.Ct. 2149 (2010)

560 U.S. 242

Bridget HARDT, Petitioner, v. RELIANCE STANDARD LIFE INSURANCE CO.

Supreme Court of United States.

Decided May 24, 2010.


Attorney(s) appearing for the Case

John R. Ates, Alexandria, VA, for petitioner.

Pratik A. Shah, for the United States as amicus curiae, by special leave of the Court, supporting the petitioner.

Nicholas Q. Rosenkranz, Washington, DC, for respondent.

Ann K. Sullivan, Elaine Inman Hogan, Crenshaw, Ware & Martin, P.L.C., Norfolk, VA, John R. Ates, Counsel of Record, Ates Law Firm, P.C., Alexandria, VA, for petitioner.

Nicholas Quinn Rosenkranz, Washington, DC, Howard M. Radzely, Richard W. Black, Danny E. Petrella, Morgan, Lewis & Bockius LLP, Washington, DC, R. Ted Cruz, Counsel of Record, Morgan, Lewis & Bockius LLP, Houston, TX, A. Lauren Carpenter, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for respondent.


Justice THOMAS delivered the opinion of the Court.

In most lawsuits seeking relief under the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq., "a reasonable attorney's fee and costs" are available "to either party" at the court's "discretion." § 1132(g)(1). The Court of Appeals for the Fourth Circuit has interpreted § 1132(g)(1) to require that a fee claimant be a "prevailing party" before...

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