With Russell Chapman
Resolving a long-standing conflict in the Federal Circuits, the U.S. Supreme Court in Hardt v. Reliance Standard Life, No. 09-448 (May 24, 2010), has held that a party need not "prevail" in its Employee Retiree Income Security Act (ERISA) litigation for a court to award the party attorneys' fees; rather, the Court held that a party in an ERISA case is eligible for a fee award if it achieves "some degree of success on the merits" in the litigation.