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· 3/20/2012

Estate of Kensinger v. URL Pharma, Inc.

Citations

  • 674 F.3d 131
  • 52 Employee Benefits Cas. (BNA) 2514
  • 2012 WL 917582
  • 2012 U.S. App. LEXIS 5741

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Ken- nedy does not apply when one potential beneficiary of an ERISA plan has sued another after the plan administrator has 12 No. 25-1859 disbursed the funds
  • holding that ERISA did not bar court from ordering decedent’s ex-wife to surrender money she had received through decedent’s pension plan because of her prior agreement to waive the right to those funds
  • holding while the plan administrator must distribute benefits to the named beneficiary despite divorce, any post-distribution challenge to the beneficiary’s right to the funds due to her common law waiver would be litigated as an ordinary contract dispute
  • distinguishing Boggs from a situation parallel to that at issue here on the basis that Boggs involved a claimed interest in undistributed pension plan benefits
  • “permitting suits against beneficiaries after benefits have been paid does not implicate any concern of expeditious payment or undermine any core objective of ERISA”
  • in case of first impression, court decides that estate may bring action directly against beneficiary to recover proceeds paid to her pursuant to beneficiary designation form

Source: CourtListener parenthetical corpus (CC0).

Judges: Hardiman, Barry, Circuit Judges and Rufe

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.