No. 18-1545

Tracy Guerin v. Mickey Fowler, et al.

Lower Court: Ninth Circuit
Docketed: 2019-06-14
Status: Denied
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: constitutional-law due-process eleventh-amendment pension-transfer property-rights public-pensions retrospective-application state-authority state-immunity statutory-benefits takings takings-clause
Key Terms:
ERISA Takings JusticiabilityDoctri
Latest Conference: 2019-10-11 (distributed 2 times)
Question Presented (AI Summary)

Whether employees have a constitutional right to a particular method for calculating interest on their accumulated pension contributions when transferring to a different pension plan

Question Presented (from Petition)

QUESTIONS PRESENTED 1. If a State’s statutorily created pension system allows government employees to transfer their accumulated pension contributions into a different pension plan, do the employees have a constitutional right to a particular method for calculating interest on the contributions at the time of transfer? 2. Does the Eleventh Amendment provide a state immunity from a claim in federal court for money damages, when the claim is framed as a request for an injunction ordering the State to provide compensation to Plaintiffs?

Docket Entries

2019-10-15
Petition DENIED.
2019-10-07
DISTRIBUTED for Conference of 10/11/2019.
2019-09-11
DISTRIBUTED for Conference of 10/1/2019.
2019-09-06
Reply of petitioner Tracy Guerin filed.
2019-08-23
Brief of respondents Mickey Fowler, et al. in opposition filed.
2019-07-15
Brief amici curiae of State of Alaska, et al. filed.
2019-07-09
Brief amicus curiae of National Conference on Public Employee Retirement Systems filed.
2019-07-05
Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2019.
2019-07-03
Motion to extend the time to file a response from July 15, 2019 to August 23, 2019, submitted to The Clerk.
2019-06-11
Petition for a writ of certiorari filed. (Response due July 15, 2019)

Attorneys

Mickey Fowler, et al.
Stephen Kolden StrongBendich, Stobaugh & Strong, PC, Respondent
Stephen Kolden StrongBendich, Stobaugh & Strong, PC, Respondent
National Conference on Public Employee Retirement Systems
Robert D. KlausnerKlausner, Kaufman, Jensen & Levinson, Amicus
Robert D. KlausnerKlausner, Kaufman, Jensen & Levinson, Amicus
State of Alaska
Laura Emily WolffThe State of Alaska, Amicus
Laura Emily WolffThe State of Alaska, Amicus
Tracy Guerin
Peter Benjamin GonickAttorney General of Washinton, Petitioner
Peter Benjamin GonickAttorney General of Washinton, Petitioner