DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042752P.pdf 05/27/2005 Marion Leonard v. SW Bell Corp.
U.S. Court of Appeals Case No: 04-2752
and No: 04-3363
Eastern District of Missouri
Civil Case - ERISA. Following remand holding benefit plan could not
offset portion of workers compensation award that went to attorneys fees
to secure award, district court denied request for attorneys fees. In light
of effect of case's effect on similarly situated beneficiaries, district court
should reconsider denial of attorneys fees. District court's denial of costs
was an abuse of discretion, as it applied the wrong standard and court
should reconsider whether the plan rebutted the presumptive entitlement
to costs. On remand, district court should consider prejudgment interest
and motions to intervene. District court abused its discretion in failing to
consider motion to certify class action
[PUBLISHED] [Bright, Author, with Murphy and Melloy, Circuit Judges]