Legal Opinion

In re Estate of Sauers

Supreme Court of Pennsylvania

Decided November 23, 2011PublishedCited by 27 opinions

1Opinion of the Court

OPINION

Justice BAER.

In this appeal by allowance, we are called to decide whether, and to what degree, the federal Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (ERISA) preempts Section 6111.2 of the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 6111.2.1 We have also agreed to determine what we view as a preliminary question concerning whether an estate possesses the legal capacity to initiate a cause of action on behalf of a contingent beneficiary to a life *1245insurance policy.2 For the reasons that follow, we hold that while an estate may properly bring a…

2Cases cited15 opinions

  1. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  2. Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
  3. Egelhoff v. Egelhoff Ex Rel. BreinerSupreme Court of the United States · 2001
  4. Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
  5. Altria Group, Inc. v. GoodSupreme Court of the United States · 2008

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3Cited by27 opinions

  1. Ruspi v. GlatzSuperior Court of Pennsylvania · 2013
  2. Morrison Informatics, Inc. v. Members 1st Federal Credit UnionSupreme Court of Pennsylvania · 2016
  3. United Transportation Union, Pennsylvania State Legislative Board v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2013
  4. Center for Powell Crossing, LLC v. City of PowellDistrict Court, S.D. Ohio · 2016
  5. Barnett v. SKF USA, Inc.Supreme Court of Pennsylvania · 2012

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