Micha v. Sun Life Assur. of Can. Inc., 874 F. 3d 1052

Oct 31, 2017

OUTCOME: Reversed and remanded.

The Ninth Circuit panel unanimously reversed the district court's denial of appellate attorney's fees under 29 U.S.C. § 1132(g)(1) and remanded for calculation of a reasonable award of fees and costs i ... n an ERISA case. The panel held that in analyzing a party's request for appellate attorney's fees under the Hummell test, a court must consider the entire course of the litigation, rather than focusing exclusively on the prior appeal.