U.S. Court of Appeals for the Fifth Circuit, 2006

Aetna Life Insurance v. DFW Sleep Diagnostic Center

Aetna Life Insurance v. DFW Sleep Diagnostic Center
U.S. Court of Appeals for the Fifth Circuit · Decided September 13, 2006 · Jones, Reavley, Prado
200 F. App'x 309

Aetna Life Insurance v. DFW Sleep Diagnostic Center

Opinion

PER CURIAM: *

Appellants, led by DFW Sleep Diagnostic Center, appeal the denial of their request for attorneys’ fees under the Employment Retirement Income Security Act of 1974. 29 U.S.C. § 1132(g)(1). Analyzing the factors set forth in Iron Workers Local No. 272 v. Bowen, 624 F.2d 1255, 1266 (5th Cir. 1980), the district court held that there was no basis for an award of attorneys’ fees because Aetna’s claims were not made in bad faith and the merits of the case presented complex issues. The court has carefully reviewed this appeal in light of the briefs and pertinent parts of the record. Having done so, we find no reversible error of law or fact. We therefore AFFIRM for essentially the same reasons stated by the trial court.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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