Is there a jury trial right for ERISA litigation?
No. ERISA does not expressly grant a jury trial, and almost all Circuit Courts of Appeal that have applied the traditional Seventh Amendment two-part jury trial analysis have concluded that the relief sought is more equitable than legal, thus disallowing a jury trial right. • Are attorneys’ fees recoverable in ERISA litigation? By statute, ERISA generally provides for reasonable attorney’s fees and costs of action to either party, at the discretion of the trial court. Most circuits have adopted a five-part test for assessing the application of attorney’s fees under ERISA: (1) the degree of the opposing party’s bad faith or culpability; (2) the opposing party’s ability to satisfy an award of attorney’s fees; (3) whether awarding attorney’s fees could deter others under similar circumstances; (4) whether the party seeking attorney’s fees was attempting to benefit all beneficiaries and participants under the ERISA plan or to resolve a significant ERISA legal question; and (5) the relative
