Monday, June 18, 2007

Another ERISA Case Denied Cert.

4united_states_supreme_court_1129_2 Ya win some, ya lose some if you're the ERISA bar.  In this instance, whereas the Supreme Court decided to hear LaRue v. DeWolff, Boberg & Associates , 06-856, it has denied review in the ERISA inalienability case of Cox v. DaimlerChrysler (06-273).   

In Cox, SCOTUSBlog commented that the issue was whether:

it violates ERISA for a state to arrange to take 90 percent of a prison inmate's pension benefits to help defray the costs of imprisonment. The Solicitor General, asked by the Court for the government's views, had urged the Court to bypass the appeal by Michigan's state attorney general, Mike Cox.

The whole inalienability question within ERISA in the criminal context  will continue to percolate through the Courts. For example, see this post on United States v. Novak, 04-55838 (9th Cir. Feb. 22, 2007), in which the en banc Ninth Circuit found in a 10-5 decision that the Mandatory Victim Restitution Act (MVRA) trumps ERISA's anti-alienation provisions that normally would keep retirement benefits from being disturbed by others.

So expect to see this issue make its way back to the top court again some day.

Hat Tip:  SCOTUSBlog


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» Criminal Restitution, Alienation of Retirement Benefits and the Supreme Court from Boston ERISA Law Blog
We return, as promised, to America today, to two particular, but certainly not unique, American obsessions, the Supreme Court and criminals. As discussed here and here, the Supreme Court has refused to hear an appeal presenting the question of whether... [Read More]

Tracked on Jun 20, 2007 8:31:47 AM


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