Kennedy v. Plan Administrator for Dupont Savings
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-636 | 5th Cir. | Oct 7, 2008 | Jan 26, 2009 | 9-0 | Souter | OT 2008 |
Issue: Whether ERISA’s Qualified Domestic Relations Order provision is the only valid way a divorcing spouse can waive her right to receive her ex-husband’s pension benefits under ERISA.
Judgment: Affirmed, 9-0, in an opinion by Justice David Souter on January 26, 2009.
SCOTUSblog Coverage
- Analysis: A waiver of benefits that isn't (Lyle Denniston, January 26, 2009)
- New briefs filed in ERISA case (Lyle Denniston, November 10, 2008)
- Court to hear four appeals, plus an Original case (Lyle Denniston, February 19, 2008)
Briefs and Documents
Merit briefs
- Brief for Petitioner Kari Ellen Kennedy, Independent Executrix of the Estate of William Patrick Kennedy, Deceased
- Brief for Respondent Plan Administrator for Dupont Savings and Investment Plan, et al.
- Reply Brief for Petitioner Kari Ellen Kennedy, Independent Executrix of the Estate of William Patrick Kennedy, Deceased
- Supplemental Brief for Petitioner Concerning 29 U.S.C. Section 1104(a)(1)(D)
- Supplemental Brief for Respondent Plan Administrator for Dupont Savings and Investment Plan, E.I. Dupont De Nemours & Company
Amicus briefs
- Motion for Leave to File Amicus Curiae Brief and Brief for the American Benefits Council, the Erisa Industry Committee, and the National Association of Manufacturers in Support of Respondent
- Brief for the United States in Support of Neither Party
- Brief for AARP in Support of Neither Party
- Brief of the Western Conference of Teamsters Pension Trust Fund in Support of Respondents
- Supplemental Brief for the United States in Support of Neither Party
Certiorari-stage documents
- Opinion Below (5th Circuit)
Merit briefs
- Brief for Petitioner Kari Ellen Kennedy, Independent Executrix of the Estate of William Patrick Kennedy, Deceased
- Brief for Respondent Plan Administrator for Dupont Savings and Investment Plan, et al.
- Reply Brief for Petitioner Kari Ellen Kennedy, Independent Executrix of the Estate of William Patrick Kennedy, Deceased
- Supplemental Brief for Petitioner Concerning 29 U.S.C. Section 1104(a)(1)(D)
- Supplemental Brief for Respondent Plan Administrator for Dupont Savings and Investment Plan, E.I. Dupont De Nemours & Company
Amicus briefs
- Motion for Leave to File Amicus Curiae Brief and Brief for the American Benefits Council, the Erisa Industry Committee, and the National Association of Manufacturers in Support of Respondent
- Brief for the United States in Support of Neither Party
- Brief for AARP in Support of Neither Party
- Brief of the Western Conference of Teamsters Pension Trust Fund in Support of Respondents
- Supplemental Brief for the United States in Support of Neither Party
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