Legal Opinion

Peter Hurwitz v. Joan Lear Sher

Court of Appeals for the Second Circuit

Decided December 28, 1992No. 299, Docket 92-7444PublishedCited by 53 opinions

1Opinion of the Court

OAKES, Circuit Judge:

Plaintiff Peter Hurwitz (“Peter”) appeals from a grant of summary judgment in favor of the defendant, Joan Lear Sher. Hurwitz v. Sher, 789 F.Supp. 134 (S.D.N.Y.1992). The district court held that a spouse’s antenuptial agreement does not constitute an effective waiver under the Employee Retirement Income Security Act (“ERISA”) of death benefits under an employee benefit plan. Peter argues that he is his deceased father’s sole beneficiary under the Algonquin Press, Inc. Employees Profit Sharing Plan (the “Plan”) and that Sher effectively waived any claims to spousal…

2Cases cited13 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  5. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982

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3Cited by53 opinions

  1. Moore v. Philip Morris Companies, Inc.Court of Appeals for the Sixth Circuit · 1993
  2. Guidry v. Sheet Metal Workers International Ass'n, Local No. 9Court of Appeals for the Tenth Circuit · 1993
  3. Metropolitan Life Insurance Company v. Rose Marie Wheaton, and Douglas Wheaton and Daniel WheatonCourt of Appeals for the Seventh Circuit · 1994
  4. Kinek v. Paramount Communications, Inc.Court of Appeals for the Second Circuit · 1994
  5. Pension Benefit Guaranty Corp. v. Wilson N. Jones Memorial HospitalCourt of Appeals for the Fifth Circuit · 2004

48 more not listed; retrieve them via the Exa API.

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