The Verizon Employee Benefits Committee v. Nikolaros
1:23-cv-01982
| E.D.N.Y | Jul 7, 2025Background
- Nick Nikolaros, a Verizon employee, participated in the Verizon Pension Plan and died, leaving a pre-retirement survivor benefit.
- The Verizon Employee Benefits Committee (VEBC) filed an interpleader action to determine the correct beneficiary among Georgia Nikolaros (sister), Parthena Nikolaros (ex-wife), and Athina Nikolaros (representing Nick’s estate).
- On summary judgment, the court decided the death benefit is payable in full to Nick’s estate through Athina Nikolaros.
- VEBC sought $30,240 in attorney’s fees from the ~ $406,000 benefit amount due to the estate.
- The estate opposed VEBC's fee motion, arguing the interpleader was an ordinary cost of business.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should VEBC be awarded attorney's fees in an interpleader action over pension benefits? | VEBC is a disinterested stakeholder, brought action in good faith, not seeking the funds. | The interpleader action was routine and represents a standard business cost for plan administrators. | No; the court found this was not an unusual or complex case, and such costs are part of the ordinary course of business for plan administrators. |
Key Cases Cited
- Travelers Indem. Co. v. Israel, 354 F.2d 488 (2d Cir. 1965) (interpleader fees are at the discretion of the court, and routine business costs should not be shifted)
- Septembertide Publ’g, B.V. v. Stein & Day, Inc., 884 F.2d 675 (2d Cir. 1989) (standards for fee awards in interpleader actions)
