Spencer Recovery Centers, Inc. v. Eval Co. of America Medical Plan

Good Law
350 F. App'x 152
United States Court of Appeals for the Ninth CircuitOctober 28, 2009Nos. 08-55469, 08-55478, 08-56078, 08-56081California276 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellee, Spencer Recovery Centers, Inc. (“Spencer”), filed wrongful denial of benefits claims against Defendants-Appellants Eval Company Medical Plan and Marukyo USA Inc. Health Plan (the “Plans”) under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1381 . The district court found that the Plans wrongfully denied the benefit claims, and it ordered the Plans to pay the claims. The *154 district court also ordered the Plans to pay pre-judgment interest and attorneys’ fees and costs. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm for the reasons stated by the district court.

Spencer has also requested attorneys’ fees and costs associated with this appeal pursuant to 29 U.S.C. § 1132 (g). We ordinarily grant a prevailing beneficiary in an ERISA action reasonable attorneys’ fees and costs, absent special circumstances cautioning against such a grant. See Canseco v. Construction Laborers Pension Trust for S. Cal., 93 F.3d 600, 609-610 (9th Cir.1996) (recognizing our discretionary power to award fees under 29 U.S.C. § 1132 (g)(1)). In this case, Spencer is standing in the shoes of the Plans’ beneficiaries, as their…

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