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Pennsylvania Supreme Court Overrules Lower Court’s Ruling on Revocation on Divorce Statute

PennsylvaniaOn August 21, 2009, I blogged about a Superior Court of Pennsylvania case entitled In re Estate of Sauers, 971 A.2d 1265 (Pa. Super. Ct. 2009). The court held that the remedy provided by Pennsylvania’s revocation on divorce statute was not preempted by ERISA. On November 23, 2011, the Pennsylvania Supreme Court reversed the lower court’s ruling, holding that the revocation on divorce statute was, in fact, preempted by ERISA.

See In re Estate of Saucers 2011 WL 5865755 (Pa.).

Special thanks to Michael J. Hussey (Associate Professor of Law, Widener University School of Law) for bringing this case update to my attention.   

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