Havlik v. University of Chicago

Plaintiff brought a lawsuit for benefits under the Employee Retirement Income Security Act with the central issue of whether an attempt to change the rights of a surviving spouse by a person acting under a Wisconsin grant of a power of attorney satisfied the strict requirements under the law. The district court found that Wisconsin law required a specific, express grant of power that the power of attorney did not contain and granted summary judgment to the plans and other defendants who refused to implement the attempted change. The Seventh Circuit affirmed and declined to certify the question to the Wisconsin Supreme Court. (LEE and TAIBLESON, concurring)