No. 20-188

Zhiheng Sheng v. Daniel Michael Snyder

Lower Court: Georgia
Docketed: 2020-08-19
Status: Denied
Type: Paid
Tags: antenuptial-agreement beneficiary-designation civil-procedure erisa erisa-waiver retirement-plan spousal-rights spousal-waiver state-law
Latest Conference: 2020-10-30
Question Presented (from Petition)

1. Can a waiver by a spouse of her interest in a
retirement plan covered by the Employee Retirement
Income Security Act of 1984 ("ERISA") in an
antenuptial agreement that does not satisfy ERISA
spousal waiver requirements be enforced th rough a
Georgia state law cause of action against the spouse
after the distribution of the benefit to the spouse?

2. Can a waiver by a spouse of her interest in a
covered plan in an antenuptial agreement be enforced
where the pla n participant did not elect to waive his
spouse's interest in the plan pursuant to ERISA after
they married?

3. Can an antenuptial agreement be valid if it
provides for a waiver of alimony by one party to whom
the other party to the agreement does not disc lose his
income?

Question Presented (AI Summary)

Can a waiver by a spouse of her interest in a retirement plan covered by ERISA be enforced through a state law cause of action?

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-07
DISTRIBUTED for Conference of 10/30/2020.
2020-09-28
Reply of petitioner Zhiheng Sheng filed.
2020-09-17
Brief of respondent Daniel Michael Snyder in opposition filed.
2020-08-07
Petition for a writ of certiorari filed. (Response due September 18, 2020)

Attorneys

Daniel Michael Snyder
Albert Caproni IIICohen & Caproni, LLC, Respondent
Louis G. McBryanMcBryan, LLC, Respondent
Zhiheng Sheng
Corey Evan ParkerThe Law Office of Corey Evan Parker, PC, Petitioner