Alabama Supreme Court Affirms $570,000 Judgment

On November 22, 2019, the Alabama Supreme Court affirmed a $570,000 judgment in favor of Dennis Bailey and Evans Bailey’s client in case involving the violation of a pre-nuptial agreement.  On a matter of first impression, the Court was asked to opine whether the Employee Retirement and Income Security Act (“ERISA”) barred claims for violation of a pre-nuptial agreement after the plan administrator had distributed death benefits to the deceased’s spouse.  Writing for a unanimous Court, Justice Shaw agreed with federal courts and the Supreme Court of Georgia and found that ERISA did not bar state law contract claims post-distribution by the plan administrator.  Accordingly, the Court affirmed the lower court’s entry of judgment in favor of Dennis and Evans’ client, the deceased’s estate and sole-heir.  William Eskridge and Rick McBride assisted in the representation of the estate and heir.  Moore v. Moore, AL. Sup. Ct. No. 1180482.