Trustees of the Construction Industry v. Redland Insurance

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 nonunion employees. Because the Joint Trustees had prevailed on the merits of their claim, the court held that they were entitled to “reasonable attorney’s fees and costs” under 29 U.S.C. § 1132 (g)(2)(D).

The Joint Trustees initially requested attorney’s fees and costs totaling $51,907.04. However, the…