Recently in Family Law Category

Dismissal of an action by the wife and children of a covert-status former CIA employee, following the district court's exclusion from evidence of classified information covered by the state-secrets privilege, is affirmed where: 1) plaintiffs' rights of access to the courts were not compromised by the government's refusal to provide plaintiffs' counsel with secure facilities that would allow counsel to prepare an opposition to the government's assertion of the state-secrets privilege as plaintiffs have no right to use material that is alleged by the government to contain state secrets in order to participate in the district court's review of the bona fides of the government's allegation; and 2) plaintiffs have established no infringement of their right to communicate with counsel.    

Read Doe v. CIA, No. 07-0797

Appellate Information
Appeal from a judgment of the United States District Court for the Southern District of New York.
Argued: February 3, 2009
Decided: August 5, 2009

Judges
Before: SACK and PARKER, Circuit Judges, and COTE, District Judge.
Opinion by Sack, Circuit Judge.

Counsel
For Plaintiff: MARK S. ZAID, Mark S. Zaid, P.C., Washington, DC.

For Defendant: SARAH S. NORMAND, Assistant United States Attorney, New York, NY.

District court judgment dismissing action to enforce divorce settlement provision for waiver of spouse-survivor benefits is vacated and remanded where plaintiff's claims should be resolved on the basis of state law principles rather than ERISA, as plaintiff's claims are under the group annuity contract rather than pension plans and annuities are not governed by ERISA.    

Read Hallingby v. Hallingby, No. 08-1866

Appellate Information
Appeals from the United States District Court for the Southern District of New York.
Submitted April 28, 2009
Decided July 24, 2009

Judges
Before KEARSE, SACK, and HALL, Circuit Judges.
Opinion by KEARSE, Circuit Judge.

Counsel
For Plaintiff: Richard H. Dolan.
For Defendant: James G. McCarney.