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Colleen A. Easterday v. Estate of Michael J. Easterday

Paid petition · Supreme Court of Pennsylvania, Middle District, No. 15 MAP 2018 · judgment June 18, 2019

Certiorari denied · November 18, 2019

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Can an Estate bring an action in State or Federal Court, and prevail, against a Joint Survivor Annuity beneficiary specifically named in ERISA plan documents, to obtain those benefits after they have been distributed to that beneficiary based on a putative common law waiver, which is inconsistent with the ERISA plan documents? a. When drafting ERISA, was Congress concerned with the named beneficiary’s right to retain the benefits of a Joint Survivor Annuity after distribution? b. Does ERISA preempt a state law breach of contract claim, based on a putative waiver in a post nuptial agreement, to recover funds that were paid to the named beneficiary of an ERISA qualified Joint Survivor Annuity benefit plan when the waiver is inconsistent with the ERISA plan documents? c. Does the decision rendered by this Court in Kennedy mean that State and Federal Courts should disregard common law waivers that conflict with the beneficiary designation in a Joint Survivor Annuity made by the plan participant in accordance with the ERISA plan documents?

For petitioner
Charles David Younger
David R. Dautrich, Esquire, P.C.

For respondent
Robert J. Dougher
Dougher & Dougher, Esquire

Conference history
Distributed for 1 conference

Nov 18 2019
Petition DENIED.
Oct 30 2019
DISTRIBUTED for Conference of 11/15/2019.
Oct 11 2019
Waiver of right of respondent Estate of Michael J. Easterday to respond filed.
Sep 13 2019
Petition for a writ of certiorari filed. (Response due October 17, 2019)