TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST v. REDLAND INSURANCE COMPANY
The Ninth Circuit Court of Appeals today released an opinion in TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST v. REDLAND INSURANCE COMPANY, No. 04-16380, a federal appeal. The panel consisted of Pamela Ann Rymer, William A. Fletcher, and Richard R. Clifton, Circuit Judges.
W. FLETCHER, Circuit Judge:
Plaintiffs/Appellants (”the Joint Trustees”) prevailed in an action to collect delinquent benefit contributions owed to trusts established under the Employee Retirement Income Security Act (”ERISA”). The Joint Trustees then sought an award of “reasonable attorney’s fees and costs of the action” under ERISA pursuant to 29 U.S.C. § 1132(g)(2)(D). The district court granted some of the requested fees, but it refused to allow any recovery for work performed by non-attorneys such as law clerks and paralegals. It also refused to allow any recovery for expenses incurred in the course of the litigation. The Joint Trustees appeal the district court’s refusal to award these fees. We reverse and remand. I. Background On February 12, 2004, the district court granted the Joint Trustees’ motion for summary judgment under 29 U.S.C. § 1145 for unpaid benefit contributions on behalf of non. . .