Justices Grapple With Scope Of ERISA Case

Law360, New York (October 7, 2008, 12:00 AM EDT) -- Supreme Court justices appeared to second-guess their own decision to grant certiorari to a very limited scope of an Employee Retirement Income Security case during oral arguments on Tuesday.

The Justice's qualms were “painfully obvious” at the hearing, said Stacy Kelly, an attorney for petitioner Kari Ellen Kennedy.

The only question the Supreme Court granted certiorari on in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, et al, is whether a Qualified Domestic Relations Order is the only mechanism by which a divorcee can...
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