No. 18-448

Estate of Jerry West, Deceased v. Department of Veterans Affairs

Lower Court: Sixth Circuit
Docketed: 2018-10-10
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-1447 38-usc-511 administrative-law civil-procedure due-process federal-jurisdiction probate-exception remand subject-matter-jurisdiction veterans-affairs veterans-benefits
Key Terms:
ERISA SocialSecurity DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Whether the Kentucky probate court has exclusive jurisdiction over the disability award under the 'probate exception' to federal-court jurisdiction, whether the application of the VJRA and 38 U.S.C. §511(a) violates due process, and whether the case must be remanded to state court

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW A disability payment, by the United States Department of Veterans Affairs, to a deceased veteran, over which a Kentucky state probate court exercised jurisdiction as part of the decedent’s Estate, was seized by the United States Treasury from the Estate’s attorney's escrow account, without notice or opportunity to be heard, under the purported authority of the Veterans’ Judicial Review Act, Pub. L. No. 100-687, 102 Stat. 410 (1988) (“VJRA”) and 38 U.S.C. §511(a). The questions presented are: 1) whether the United States District Court correctly held that the Kentucky probate court has exclusive jurisdiction over the disability award in question (the “res”) under the “probate exception” to federal-court jurisdiction; 2) whether the application of the VJRA and 38 U.S.C. §511(a) to the Estate’s claim, and United States Government’s expropriation of the res from the Estate’s attorney’s escrow account to the res, violate due process; and 3) whether the lower court erroneously reversed the District Court’s remand order, and dismissed the underlying case for lack of subject-matter jurisdiction, given the express language of 28 U.S.C. §1447(c) mandating that the underlying action be remanded to the state court.

Docket Entries

2018-12-10
Petition DENIED.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-09
Waiver of right of respondent Department of Veterans Affairs to respond filed.
2018-10-05
Petition for a writ of certiorari filed. (Response due November 9, 2018)

Attorneys

Department of Veterans Affairs
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Estate of Jerry West, Deceased
Jason Todd HardinHardin Law PLLC, Petitioner
Jason Todd HardinHardin Law PLLC, Petitioner