Supreme Court of the United States · Official docket →
Erich M. Martin v. Raina L. Martin
Paid petition · Supreme Court of Nevada, No. 81810, 82517 · judgment December 1, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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?
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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?
Counsel of record
For petitioner
Carson J. Tucker
Lex Fori, PLLC
For respondent
Marshal S. Willick
Willick Law Group
Case
Conference history
Distributed for 4 conferences
Proceedings
- Oct 07 2024Petition DENIED.
- Jun 12 2024DISTRIBUTED for Conference of 9/30/2024.
- Apr 23 2024Rescheduled.
- Apr 17 2024DISTRIBUTED for Conference of 5/9/2024.
- Mar 18 2024Rescheduled.
- Mar 12 2024DISTRIBUTED for Conference of 3/28/2024.
- Feb 22 2024Brief of respondent Raina Martin in opposition filed.
- Jan 16 2024Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2024.
- Jan 12 2024Motion to extend the time to file a response from January 25, 2024 to February 26, 2024, submitted to The Clerk.
- Dec 26 2023Response Requested. (Due January 25, 2024)
- Dec 20 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 14 2023Waiver of right of respondent Raina Martin to respond filed.
- Jul 17 2023Petition for a writ of certiorari filed. (Response due January 5, 2024)