BURNS v. ORTHOTEK, INC. EMPLOYEES' PENSION PLAN

No. 10-1521.

657 F.3d 571 (2011)

Cheryl A. BURNS, Plaintiff-Appellant, v. ORTHOTEK, INC. EMPLOYEES' PENSION PLAN AND TRUST, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 2011.


Attorney(s) appearing for the Case

Robert J. Palmer (argued), Attorney, May, Oberfell & Lorber, Mishawaka, IN, for Plaintiff-Appellant.

Brian E. Casey (argued), Attorney, Barnes & Thornburg LLP, South Bend, IN, for Defendant-Appellee.

Before POSNER, FLAUM, and SYKES, Circuit Judges.


SYKES, Circuit Judge.

This case requires us to decide a dispute over the pension benefits of the late Dr. Richard Burns. Before his death Dr. Burns designated his three sons as beneficiaries. But because the Employee Retirement Income Security Act ("ERISA") guarantees surviving spouses certain benefits, this designation is only effective if his widow, Cheryl Burns, consented. She signed a written consent form, but after her husband died, she claimed her consent was...

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