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.