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Zhiheng Sheng v. Daniel Michael Snyder

Paid petition · Court of Appeals of Georgia, No. A19A0517 · judgment June 21, 2019

Certiorari denied · November 2, 2020
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Can a waiver by a spouse of her interest in a retirement plan covered by the Employee Retirement Income Security Act of 1984 (“ERISA”) in an antenuptial agreement that does not satisfy ERISA spousal waiver requirements be enforced through a Georgia state law cause of action against the spouse after the distribution of the benefit to the spouse?

  2. Can a waiver by a spouse of her interest in a covered plan in an antenuptial agreement be enforced where the plan participant did not elect to waive his spouse’s interest in the plan pursuant to ERISA after they married?

  3. Can an antenuptial agreement be valid if it provides for a waiver of alimony by one party to whom the other party to the agreement does not disclose his income?

Counsel of record

For petitioner
Corey Evan Parker
The Appellate Law Firm

For respondent
Albert Caproni III
Cohen & Caproni, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 02 2020
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Oct 07 2020
    DISTRIBUTED for Conference of 10/30/2020.
  3. Sep 28 2020
    Reply of petitioner Zhiheng Sheng filed.
  4. Sep 17 2020
    Brief of respondent Daniel Michael Snyder in opposition filed.
  5. Sep 04 2020
    Waiver of Daniel Michael Snyder of right to respond not accepted for filing. (September 04, 2020)
  6. Aug 07 2020
    Petition for a writ of certiorari filed. (Response due September 18, 2020)