William A. McConnell Plaintiff-Appellant/cross-Appellee v. Meba Medical and Benefits Plan, Defendant-Appellee/cross-Appellant

Good Law
759 F.2d 1401
United States Court of Appeals for the Ninth CircuitMay 7, 198584-1858, 84-1905California2,320 words

Opinion

Opinion

Gilliam, J.

Plaintiff-Appellant William McConnell appeals from an order of the United States District Court for the Northern District of California, denying his motions for attorneys’ fees under Section 502(g)(1) of the Employee Retirement Income and Security Act (ERISA), 29 U.S.C. § 1132 (g)(1), for punitive damages, and for prejudgment interest at a rate greater than 1%. Defendant-appellee, the MEBA Medical and Benefits Plan (hereinafter “MEBA District 1” or “District 1”) cross-appeals the district court’s granting of summary judgment for William McConnell. We affirm the district court’s grant of plaintiff’s motion for summary judgment and denial of his motions for punitive damages and for prejudgment interest at a rate greater than 7%. We reverse and remand the court’s denial of plaintiff’s motion for attorneys’ fees. FACTS

Decedent, Robert McConnell, became a member of the Marine Engineers Beneficial Association (hereinafter “MEBA”), a national labor organization divided into several districts, on December 16, 1976. Decedent was employed in MEBA District 2 on the East Coast for more than 400 days. He then transferred to the West Coast and MEBA District 1, where he worked for 147 days…

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