Wilborn v. American Express Group Disability Plan
Wilborn v. American Express Group Disability Plan
Opinion of the Court
MEMORANDUM
Appellant Jack Wilborn contends that the district court abused its discretion in refusing to reinstate his long-term disability benefits and in refusing to award him prejudgment interest thereon, pursuant to the Employment Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. He also contends that the district court abused its discretion in denying his motion for attorney’s fees and costs. We disagree.
Similarly, the district court did not abuse its discretion in denying Wilborn’s motion for attorney’s fees and costs after considering the five Hummed factors. See Hummell v. S.E. Rykoff & Co., 634 F.2d 446, 452-53 (9th Cir. 1980).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. In light of our holding, we do not consider Wilborn’s ancillary claim that he is entitled to prejudgment interest on an award of retroactive disability benefits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.