No. 22-1089

Ray James Foster v. Deborah Lynn Foster

Lower Court: Michigan
Docketed: 2023-05-09
Status: Denied
Type: Paid
Experienced Counsel
Tags: 38-usc-5301 collateral-estoppel disability-benefits disability-law federal-preemption judicial-convenience res-judicata state-court-doctrine veterans-benefits
Key Terms:
SocialSecurity ERISA Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

May state law doctrines of judicial convenience be raised against a preemptive federal statute?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. May state law doctrines of judicial convenience, like res judicata and collateral estoppel, be raised against a preemptive federal statute, 38 U.S.C. § 5301, which voids from inception any and all agreements made by a disabled veteran to dispossess himself of his federally protected veterans’ disability benefits? 2. Even if a state court may raise such state law doctrines, does a disabled veteran have a continuing obligation to use his restricted disability pay to satisfy such an agreement, where 38 U.S.C. § 5301 explicitly prohibits a state court from using any “legal or equitable” means whatever from forcing such a dispossession of the veteran’s benefits, and applies to all such benefits “due or to become due” and “before or after receipt”, and that same state court already ruled that 38 U.S.C. § 5301 applied to the very agreement at issue in this case?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2022-10-24
2022-08-24
Application (22A166) granted by Justice Kavanaugh extending the time to file until October 24, 2022.
2022-08-15
Application (22A166) to extend the time to file a petition for a writ of certiorari from August 25, 2022 to October 24, 2022, submitted to Justice Kavanaugh.

Attorneys

Ray Foster
Carson J. TuckerLex Fori, PLLC, Petitioner
Carson J. TuckerLex Fori, PLLC, Petitioner