Riley v. Administrator of the Supersaver 401k Capital Accumulation Plan , 209 F.3d 780 (5^th Cir. 2000)-Affirming the district court without comment, this court took the opportunity to expound on the necessity of courts to consider the five "Bowen factors" when considering a request for attorneys' fees under 29 U.S.C. § 1132(g).  The factors are:  "(1) The degree of the opposing parties' culpability or bad faith; (2) The ability of the opposing parties to satisfy an award of attorneys' fees; (3) Whether an award of attorneys' fees against the opposing parties would deter other persons acting under similar circumstances; (4) Whether the parties requesting attorneys' fees sought to benefit all participants and beneficiaries of an ERISA plan or to resolve a significant question regarding ERISA itself; and (5) The relative merits of the parties' positions."  See Dial v. NFL Player Supplemental Disability Plan, 174 F.3d 606, 613-14 (5^th Cir. 1999).

            The court concluded:  "When considering a request for attorneys' fees under ERISA § 502(g), the court should consider and explicate the five Bowen factors, and should do so without giving predominance or preclusive effect to any one of them; and the court should also consider relevant non-Bowen factors, if there are any."