· 9/11/2003
Stillman v. Teachers Insurance & Annuity Ass'n College Retirement Equities Fund
Citations
- 343 F.3d 1311
- 2003 U.S. App. LEXIS 18919
- 2003 WL 22101199
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- disagreeing with Whirlpool and citing criticism by the Joint Editorial Board for the Uniform Probate Code
- applying a revocation-upon-divorce provision to preexisting documents due to a statutory provision allowing for such a construction
- “[b]ecause no contractual obligation is impaired by [re-designation statute], there is no violation of the federal Contracts Clause in applying the statute here”
- “The Contracts Clause addresses contracts, not donative transfers. Because no contractual obligation is impaired by [Utah’s revocation-upon-divorce statute], there is no violation of the federal Contracts Clause in applying the statute here.”
- “[Construction of contracts is generally guided by the ‘objective theory’ of contracts — what is important is what the language of the document conveys to reasonable people in the circumstances, not what a party to the agreement privately intended.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hartz, McKay, Brorby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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