United States Fifth Circuit

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Kennedy v. Plan Admin. for Dupont Savings & Inv. Plan, 05-41851

In an ERISA dispute, summary judgment awarding an estate benefits under a retirement plan is affirmed in part as to a denial of attorney's fees for the estate, but vacated in part as to the judgment as: 1) contrary to the findings below, ERISA's anti-alienation provision controls and the federal common-law waiver approach was inapplicable; and 2) thus, a divorce decree did not constitute a waiver of former wife's rights as a savings and investment plan beneficiary.

Appellate Information

  • Decided 08/15/2007
  • Published 08/15/2007


  • RHESA HAWKINS BARKSDALE, Circuit Judge:, Before GARWOOD, BARKSDALE and GARZA, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Stacy Lynn Kelly (argued), Erin Elizabeth Eggleston, MacIntyre & McCulloch, David Allen Furlow, Thompson & Knight, Houston, TX, Amber S. Brady, Lubbock, TX, for Kennedy., Raymond Michael Ripple (argued), Donna L. Goodman, DuPot Legal, Wilmington, DE, Elizabeth Brandes Pratt, Mehaffy & Weber, Beaumont, TX, for DuPont.