Birckhead v. Birckhead

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Montgomery deals only with retroactive application of federal—not state—law so it had no application to Dodd's claim that a change in state substantive law should be retroactively applied
• absent clear legislative intent to contrary, courts have duty to construe statutes in manner that disfavors preemption
• \we presume that Congress did not intend to intrude upon traditional areas of State regulation or State common law unless it demonstrates a clear intent to do so\

Source: CourtListener parenthetical corpus (CC0).