Filed: Jan. 22, 2016
Latest Update: Mar. 02, 2020
Summary: 13-4725 Yale-New Haven Hospital v. Nicholls, et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2015 (Argued: October 16, 2014 Decided: January 22, 2016) Docket No. 13-4725 _ Yale-New Haven Hospital, Interpleader-Plaintiff, v. Claire M. Nicholls, Defendant-Cross-Defendant-Appellee, v. Barbara Nicholls, Defendant-Cross-Claimant-Appellant. _ Before: KEARSE, STRAUB, and WESLEY, Circuit Judges. A petition for panel rehearing having been made by Defendant-Cross-Claimant- Appell
Summary: 13-4725 Yale-New Haven Hospital v. Nicholls, et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2015 (Argued: October 16, 2014 Decided: January 22, 2016) Docket No. 13-4725 _ Yale-New Haven Hospital, Interpleader-Plaintiff, v. Claire M. Nicholls, Defendant-Cross-Defendant-Appellee, v. Barbara Nicholls, Defendant-Cross-Claimant-Appellant. _ Before: KEARSE, STRAUB, and WESLEY, Circuit Judges. A petition for panel rehearing having been made by Defendant-Cross-Claimant- Appella..
More
13‐4725
Yale‐New Haven Hospital v. Nicholls, et al.
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
August Term, 2015
(Argued: October 16, 2014 Decided: January 22, 2016)
Docket No. 13‐4725
_____________________________________
Yale‐New Haven Hospital,
Interpleader‐Plaintiff,
v.
Claire M. Nicholls,
Defendant‐Cross‐Defendant‐Appellee,
v.
Barbara Nicholls,
Defendant‐Cross‐Claimant‐Appellant.
_____________________________________
Before: KEARSE, STRAUB, and WESLEY, Circuit Judges.
A petition for panel rehearing having been made by Defendant‐Cross‐Claimant‐
Appellant Barbara Nicholls, the petition is hereby DENIED. Judge Wesley dissents
from the denial of panel rehearing in a separate opinion.
KENNETH VOTRE, Votre & Associates, P.C., East
Haven, CT, for Defendant‐Cross‐Claimant‐Appellant
Barbara Nicholls.
SUSAN E. NUGENT, Murphy & Nugent, LLC, New
Haven, CT, for Defendant‐Cross‐Defendant‐Appellee
Claire M. Nicholls.
ORDER
A petition for panel rehearing having been made by Defendant‐Cross‐Claimant‐
Appellant Barbara Nicholls, the petition is hereby DENIED.
Judge Wesley dissents from the denial of panel rehearing in a separate opinion.
For the Court:
Catherine O’Hagan Wolfe,
Clerk of Court
2
WESLEY, Circuit Judge, dissenting from the denial of panel rehearing:
I dissent from the denial of panel rehearing for the reasons stated in my
opinion concurring in part and dissenting in part in Yale-New Haven Hospital v.
Nicholls,
788 F.3d 79 (2d Cir. 2015).
Shortly before our decision in Nicholls, the Supreme Court of Virginia, over
the vigorous dissent of three of its members, including the Chief Justice, upheld a
state intermediate appellate court opinion that decided substantially the issue
presented here. See Cowser-Griffin v. Griffin,
771 S.E.2d 660 (Va. 2015), cert. denied,
No. 14-1531,
2016 WL 100359 (U.S. Jan. 11, 2016). The Virginia appellant then
filed an unsuccessful petition for a writ of certiorari in the United States Supreme
Court, see
2015 WL 3918905 (U.S. June 24, 2015), which the Virginia appellee
opposed principally on the ground that the posthumous qualified domestic
relations order there assigned to an alternate payee payable lump-sum benefits,
as opposed to annuity benefits, and thus no conflict existed between the decision
of Supreme Court of Virginia and those of other state supreme courts or federal
courts of appeals, see
2015 WL 7770869 (U.S. Nov. 10, 2015).
1
Without commenting on the merits of such a distinction, I would note that
Nicholls squarely presents this important ERISA question in the context of
annuity benefits.
2