No. 21-1565

State Health Plan for Teachers and State Employees, et al. v. I. Beverly Lake, et al.

Lower Court: North Carolina
Docketed: 2022-06-15
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-procedure constitutional-interpretation constitutional-law contracts-clause due-process employee-rights government-benefits government-employees legislative-reservation statutory-amendment statutory-interpretation
Key Terms:
ERISA SocialSecurity Takings JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

When a state legislature expressly reserves the right to amend a statute providing benefits to government employees, does that reservation bar a claim under the Contracts Clause based on the legislature's later decision to amend those benefits?

Question Presented (OCR Extract)

QUESTION PRESENTED When a state legislature expressly reserves the right to amend a statute providing benefits to government employees, does that reservation bar a claim under the Contracts Clause based on the legislature’s later decision to amend those benefits?

Docket Entries

2022-10-03
Petition DENIED.
2022-09-13
Reply of petitioners State Health Plan for Teachers and State Employees, et al. filed. (Distributed)
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-11
Brief of respondents I. Beverly Lake, et al. in opposition filed.
2022-07-06
Motion to extend the time to file a response from July 15, 2022 to August 15, 2022, submitted to The Clerk.
2022-07-06
Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2022, for all respondents.
2022-06-09
Petition for a writ of certiorari filed. (Response due July 15, 2022)

Attorneys

I. Beverly Lake, et al.
Michael Luther CarpenterGray, Layton, Kersh, Solomon, Furr & Smith, P.A., Respondent
Michael Luther CarpenterGray, Layton, Kersh, Solomon, Furr & Smith, P.A., Respondent
State Health Plan for Teachers and State Employees, et al.
Ryan Young ParkNorth Carolina Department of Justice, Petitioner
Ryan Young ParkNorth Carolina Department of Justice, Petitioner