No. 23-999

Michael B. Yourko v. Lee Ann B. Yourko

Lower Court: Virginia
Docketed: 2024-03-12
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: collateral-estoppel disability-benefits due-process federal-preemption federal-supremacy judicial-procedure preemption res-judicata statutory-interpretation veterans-benefits
Key Terms:
ERISA SocialSecurity Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2024-09-30 (distributed 2 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’ 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.
2024-06-13
2024-06-12
DISTRIBUTED for Conference of 9/30/2024.
2024-05-23
2024-04-23
Response Requested. (Due May 23, 2024)
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-10
Waiver of right of respondent Lee Ann Yourko to respond filed.
2023-11-27
Petition for a writ of certiorari filed. (Response due April 11, 2024)
2023-09-22
Application (23A260) granted by The Chief Justice extending the time to file until November 25, 2023.
2023-09-15
Application (23A260) to extend the time to file a petition for a writ of certiorari from September 26, 2023 to November 25, 2023, submitted to The Chief Justice.

Attorneys

Lee Ann Yourko
Heather Larson PedersenPedersen Law, PLLC, Respondent
Kyle Jeffrey BurchamPedersen Law, PLLC, Respondent
Michael Yourko
Carson J. TuckerLex Fori, PLLC, Petitioner