White v. Jacobs Engineering Group Long Term Disability Benefit Plan

896 F.2d 344 (1989) | Cited 44 times | Ninth Circuit | October 6, 1989

Order

Appellant's petition for rehearing is hereby GRANTED.

Appellant is entitled to an award of attorney fees. Our opinion in this case is hereby amended by deletion of the last sentence and substitution of the following:

Plaintiffs in ERISA litigation who prevail on significant issues are generally entitled to reasonable attorney fees. Smith v. CMTA-IAM Pension Trust, 746 F.2d 587, 589 (9th Cir. 1984). This is particularly true where, as here, the opposing party is well situated to satisfy an award of fees. Id. at 590. Since no special circumstances which would warrant deviation from this rule exist in this case, appellant is entitled to attorney fees in an amount to be determined by the district court.

The opinion shall otherwise remain as originally filed.

IT IS SO ORDERED.

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