To promote retirement fund participants, beneficiaries, or fiduciaries to bring suit when warranted under the Employee Retirement Security Act of 1974 ("ERISA"), Congress provided in § 502(g) of ERISA (29 U.S.C.A. § 1132(g)(1)) that "[i]n any action … by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney's fee and costs of action to either party." In interpreting this provision, the federal courts are split over whether a party must prevail to obtain attorney's fees under § 1132(g)(1).
