Nebraska Statutes 13-1625. Civil action to require compliance; attorney’s fees; when
(1) A covered employee or covered dependent may bring a civil action against a plan sponsor to require compliance with the Political Subdivisions Self-Funding Benefits Act and the self-funded portion of an employee benefit plan. When the covered employee or covered dependent brings an action against a plan sponsor, the court, upon rendering judgment against the plan sponsor, shall allow the plaintiff a reasonable sum as an attorney‘s fee in addition to the amount of his or her recovery, to be taxed as part of the costs. If such action is appealed, the appellate court shall allow a reasonable sum as an attorney’s fee for the appeal if the plaintiff is successful.
Terms Used In Nebraska Statutes 13-1625
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Covered dependent: shall mean a dependent who is enrolled in an employee benefit plan. See Nebraska Statutes 13-1605
- Covered employee: shall mean an employee who is enrolled in an employee benefit plan. See Nebraska Statutes 13-1606
- Dependent: A person dependent for support upon another.
- Employee benefit plan: shall mean a plan provided pursuant to section Nebraska Statutes 13-1607
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan sponsor: shall mean any political subdivision providing an employee benefit plan. See Nebraska Statutes 13-1611
(2) If the plaintiff fails to obtain judgment for more than may have been offered by such plan sponsor in accordance with section 25-901, the plaintiff shall not recover the attorney’s fees provided in this section.