On May 20, 2004, the Second Circuit decided Labarbera v. Clestra Hauserman Inc.
. The plaintiffs in that case sought, among other things, to compel one of the defendants to post a surety bond, pursuant to a collective bargaining agreement. The action was brought under ERISA. The plaintiffs prevailed and sought attorneys' fees under 29 U.S.C. 1132(g)(1). The District Court found that it did not have discretion to award attorneys' fees. The Second Circuit disagreed, finding that the statute did give the District Court the discretion to award such fees. Big deal. The defendant is out of business. The decision can be found here