No. 23-605

Erich M. Martin v. Raina L. Martin

Lower Court: Nevada
Docketed: 2023-12-06
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (4) Experienced Counsel
Tags: collateral-estoppel due-process federal-preemption federal-supremacy judicial-convenience preemption res-judicata statutory-interpretation veterans-benefits
Key Terms:
SocialSecurity ERISA Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30 (distributed 4 times)
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, may a disabled veteran be compelled by a state court to use his restricted disability benefits to satisfy such an agreement, where 38 U.S.C. § 5301 explicitly prohibits the state from using any “legal or equitable” process whatsoever to dispossess the veteran of his personal entitlement and applies to all such benefits “due or to become due” and before or after their receipt by the beneficiary?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-12
DISTRIBUTED for Conference of 9/30/2024.
2024-04-23
Rescheduled.
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-03-18
Rescheduled.
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-02-22
2024-01-16
Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2024.
2024-01-12
Motion to extend the time to file a response from January 25, 2024 to February 26, 2024, submitted to The Clerk.
2023-12-26
Response Requested. (Due January 25, 2024)
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-14
Waiver of right of respondent Raina Martin to respond filed.
2023-07-17
Petition for a writ of certiorari filed. (Response due January 5, 2024)

Attorneys

Erich Martin
Carson J. TuckerLex Fori, PLLC, Petitioner
Carson J. TuckerLex Fori, PLLC, Petitioner
Raina Martin
Marshal S. WillickWillick Law Group, Respondent
Marshal S. WillickWillick Law Group, Respondent