No. 21-44

Kevin Lee Boutte v. Yvonne Renea Boutte

Lower Court: Louisiana
Docketed: 2021-07-13
Status: Denied
Type: Paid
Experienced Counsel
Tags: disability-pay federal-preemption federal-statute military-benefits military-powers res-judicata supremacy-clause veterans-benefits veterans-rights
Key Terms:
SocialSecurity ERISA Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does Congress' enumerated Military Powers exercised pursuant to the Supremacy Clause bar a state court from raising res-judicata to a post-judgment challenge to an agreement in which a disabled-veteran is forced to part with his restricted-disability-pay

Question Presented (OCR Extract)

question presented in this petition is as follows: Does Congress’ enumerated Military Powers exercised pursuant to the Supremacy Clause bar a state court from raising res judicata to a postjudgment challenge to an agreement in which a disabled veteran is forced to part with his restricted disability pay to make up for a reduction in his disposable retirement pay, where the federal statute at issue (88 U.S.C.S. § 5301) clearly prevents state courts from issuing any legal or equitable orders to divert said monies, and in fact explicitly voids any such consent agreements from inception?

Docket Entries

2021-10-04
Petition DENIED.
2021-09-01
DISTRIBUTED for Conference of 9/27/2021.
2021-08-12
Brief of respondent Yvonne Renea Boutte in opposition filed.
2021-07-09
Petition for a writ of certiorari filed. (Response due August 12, 2021)

Attorneys

Kevin Boutte
Carson J. TuckerLex Fori PLLC, Petitioner
Carson J. TuckerLex Fori PLLC, Petitioner
Yvonne Renea Boutte
Charles Gary Blaize Jr.Mayhall Fondren Blaize, Respondent
Charles Gary Blaize Jr.Mayhall Fondren Blaize, Respondent