No. 18-1545

Tracy Guerin v. Mickey Fowler, et al.

Lower Court: Ninth Circuit
Docketed: 2019-06-14
Status: Denied
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: constitutional-law due-process eleventh-amendment pension-transfer property-rights public-pensions retrospective-application state-authority state-immunity statutory-benefits takings takings-clause
Key Terms:
ERISA Takings JusticiabilityDoctri
Latest Conference: 2019-10-11 (distributed 2 times)
Question Presented (from Petition)

1. If a State's statutorily created pension system allows government employees to transfer their accumulated pension contributions into a different pension plan, do the employees have a constitutional right to a particular method for calculating interest on the contributions at the time of transfer?

2. Does the Eleventh Amendment provide a state immunity from a claim in federal court for money damages, when the claim is framed as a request for an injunction ordering the State to provide compensation to Plaintiffs?

Question Presented (AI Summary)

Whether employees have a constitutional right to a particular method for calculating interest on their accumulated pension contributions when transferring to a different pension plan

Docket Entries

2019-10-15
Petition DENIED.
2019-10-07
DISTRIBUTED for Conference of 10/11/2019.
2019-09-11
DISTRIBUTED for Conference of 10/1/2019.
2019-09-06
Reply of petitioner Tracy Guerin filed.
2019-08-23
Brief of respondents Mickey Fowler, et al. in opposition filed.
2019-07-15
Brief amici curiae of State of Alaska, et al. filed.
2019-07-09
Brief amicus curiae of National Conference on Public Employee Retirement Systems filed.
2019-07-05
Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2019.
2019-07-03
Motion to extend the time to file a response from July 15, 2019 to August 23, 2019, submitted to The Clerk.
2019-06-11
Petition for a writ of certiorari filed. (Response due July 15, 2019)

Attorneys

Mickey Fowler, et al.
Stephen Kolden StrongBendich, Stobaugh & Strong, PC, Respondent
National Conference on Public Employee Retirement Systems
Robert D. KlausnerKlausner, Kaufman, Jensen & Levinson, Amicus
State of Alaska
Laura Emily WolffThe State of Alaska, Amicus
Tracy Guerin
Peter Benjamin GonickAttorney General of Washinton, Petitioner