Legal Opinion · Concurrence

Metropolitan Life Insurance v. Bigelow

Court of Appeals for the Second Circuit

Decided March 7, 2002No. Docket No. 01-7474Published

1ConcurrencePooler, Circuit Judge

I concur in the judgment and in all of the majority opinion except that portion that analyzes whether the divorce judgment is a domestic relations order within the meaning of ERISA. The daughters contended in district court that the decedent’s father could not collaterally attack any term of the judgment including its incorporation of the stipulation. Affidavit of Karen L. Bigelow of Aug. 29, 2000, §§ 9,14. Although less clearly, the daughters make the same argument on appeal. See Appellees’ Br. at 15 (arguing that the *445Father “attempts to collaterally attack the Judgment and underlying…

2Cases cited6 opinions

  1. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  2. Rainbow v. SwisherNew York Court of Appeals · 1988
  3. Green v. Santa Fe Industries, Inc.New York Court of Appeals · 1987
  4. Hickerson v. City of New YorkCourt of Appeals for the Second Circuit · 1998
  5. Bouille v. BouilleAppellate Division of the Supreme Court of the State of New York · 1993

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