Cherokee Nation v. United States

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.” | "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 | “It is hornbook law that theories not raised squarely in the district court cannot be surfaced for the first time on appeal.” | issues not "squarely" raised before trial court cannot be raised on appeal | 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.”