Supreme Court of the United States · Official docket →
Michael B. Yourko v. Lee Ann B. Yourko
Paid petition · Supreme Court of Virginia, No. 220039 · judgment March 30, 2023
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’ 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
Heather Larson Pedersen
Pedersen Law, PLLC
Proceedings
- Oct 07 2024Petition DENIED.
- Jun 13 2024Reply of petitioner Michael Yourko filed. (Distributed)
- Jun 12 2024DISTRIBUTED for Conference of 9/30/2024.
- May 23 2024Brief of respondent Lee Ann Yourko in opposition filed.
- Apr 23 2024Response Requested. (Due May 23, 2024)
- Apr 17 2024DISTRIBUTED for Conference of 5/9/2024.
- Apr 10 2024Waiver of right of respondent Lee Ann Yourko to respond filed.
- Nov 27 2023Petition for a writ of certiorari filed. (Response due April 11, 2024)
- Sep 22 2023Application (23A260) granted by The Chief Justice extending the time to file until November 25, 2023.
- Sep 15 2023Application (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.