Mizzell

MEMORANDUM *

Defendant-Appellant Paul Revere Life Insurance Company (“Paul Revere”) appeals the District Court’s award of attorney’s fees and expenses to Plaintiff-Appellee Terry L. Mizzell (“Mizzell”) in his ERISA action for recovery of long-term disability insurance benefits. The District Court concluded that Paul Revere had abused its discretion and remanded the case to the plan administrator for a new determination of Mizzell’s claim. In addition, the District Court awarded Mizzell $181,251.22 in attorney’s fees and expenses. We have jurisdiction under 28 U.S.C. § 1291 and AFFIRM the award of attorney’s fees and expenses with the exception of $3,900 improperly awarded for the retention and use of a bad faith expert.

I.

We review for abuse of discretion a district court’s decision to award or deny attorney’s fees in an ERISA action, as well as a district court’s determination of the amount of reasonable attorney’s fees. Van Gerwen v. Guarantee Mut. Life Co., 214 F.3d 1041 , 1045 (9th Cir.2000). Under that standard, “this court cannot reverse unless it has a definite and firm conviction that the district court committed a clear error of judgment.” United States v. Tucor…