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Tancredi v. Metropolitan Life Insurance Co.

Fees granted to defendant; plaintiff continued to litigate after action became frivolous.

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Judge Kaplan

TANCREDI v. METROPOLITAN LIFE INSURANCE Plaintiffs in this case challenged the demutualization of Metropolitan Life Insurance Company (MetLife) on constitutional grounds, suing pursuant to 42 U.S.C. §1983. This Court dismissed the complaint, holding that plaintiffs had failed to allege the requisite state action and, in any case, that their constitutional claims lacked merit.¹ The Court of Appeals affirmed on the state action ground without reaching plaintiffs other contentions.² MetLife now moves for attorneys fees pursuant to 42 U.S.C. §1988 as a prevailing party. Plaintiffs resist, contending that the motion is untimely, foreclosed by the mandate rule, and in any case without merit.

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