Opinion · Supreme Court of the United States
Cherokee Nation v. United States
504 U.S. 910
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1992-05-18
- Topic
- general
How later courts describe this case
- holding a Massachusetts mechanic’s lien statute that specifically referred to employee benefit plans preempted by ERISA
- “It is hornbook law that theories not raised squarely in the district court cannot be surfaced for the first time on appeal.”
- “theories not raised squarely in the district court cannot be surfaced for the first time on appeal”
- "federal appellate courts are bound by the Supreme Court's considered dicta almost as firmly as by the Court’s outright holdings ... ”
- fact that fences make burglary more profitable and lead to more burglaries is part of heartland of the offense and, as such, is not a reason to depart
- issues not "squarely" raised before trial court cannot be raised on appeal
- “Despite the fact that [it] casts a long shadow, ERISA preemption is not limitless.”
Citator
UpLaw has not yet analyzed Cherokee Nation v. United States. The absence of a flag is not a finding that it is good law.
- Cited by
- 101 opinions
C. A. 10th Cir. Certiorari denied.