Is a plaintiff entitled to an award of attorney's fees?
MultiRegion, United States of America
The following excerpt is from Hensley v. NW. Permanente P.C. Retirement Plan & Trust, 258 F.3d 986 (9th Cir. 2001):
bringing suit. See 29 U.S.C. 1132(g)(1); Flanagan v. Inland Empire Elec. Workers Pension Plan & Trust, 3 F.3d 1246, 1253 (9th Cir. 1993). In light of our conclusions, it is clear the plaintiffs have not prevailed on any issue in the litigation and that a court would abuse its discretion if it awarded them attorney's fees. Therefore, we reverse the district court's award of attorney's fees.
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