After McKennon Law Group PC Prevails on Fee Motion, Judge Orders Aetna to Pay Nearly $115,000 in Attorneys’ Fees to Plaintiff in ERISA Disability Case

On May 26, 2020, in the matter of Karen Fogerty v. Aetna Life Insurance Company, Case No. 2:19-cv-03018-DSF-GJS, Judge Dale S. Fischer of the U.S. District Court, Central District of California granted the McKennon Law Group PC’s motion for attorneys’ fees after its client prevailed in her ERISA lawsuit.  Aetna had wrongfully denied Fogerty’s disability claim and then, after a mediation, reversed its decision and agreed to pay her all past-due disability benefits and pay ongoing future benefits.  However, Aetna refused to agree to pay attorneys’ fees so we filed a motion for attorneys’ fees.  In granting the motion, the Court rejected several of Aetna’s arguments, including that McKennon Law Group PC had spent too much time drafting a detailed Amended Complaint, reviewing the administrative record and preparing a thorough mediation brief.  In the end, after determining that Fogerty was entitled to a fee award because she had achieved “some degree of success on the merits,” the Court awarded her $113,685 in fees.

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