Cherokee Nation v. United States

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.”