Legal Opinion
Smith v. Estate of Smith
District Court, D. New Jersey
Decided February 19, 2003No. CIVIL ACTION NO. 99-5973PublishedCited by 3 opinions
1Opinion of the Court
ORLOFSKY, District Judge.
Plaintiff, Barbara Smith (“Smith”), and Defendant, DuPont Pension and Retirement Plan (“DuPont”), have cross-moved for summary judgment. These cross-motions raise issues of law that fall within the arcana of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001, et seq., which have not been frequently addressed by this Court — specifically: (1) under what circumstances does a Property Settlement Agreement (“PSA”), incorporated into a Judgment of Divorce, qualify as a Qualified Domestic Relations Order (“QDRO”) excepted from ERISA’s broad preemption…
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Groman v. Township Of ManalapanCourt of Appeals for the First Circuit · 1995
- Egelhoff v. Egelhoff Ex Rel. BreinerSupreme Court of the United States · 2001
- Boggs v. BoggsSupreme Court of the United States · 1997
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3Cited by3 opinions
- Brown v. Continental Airlines, Inc.Court of Appeals for the Fifth Circuit · 2011
- Johnson v. Nanticoke Memorial Hospital, Inc.District Court, D. Delaware · 2010
- BOARD OF TRUSTEES, LABORERS' DISTRICT COUNCIL CONSTRUCTION INDUSTRY PENSION PLAN v. BOWMANDistrict Court, E.D. Pennsylvania · 2021