Hillman v. Maretta

By Judge Michael F. Devine

Plaintiff Jacqueline Hillman and Defendant Judy A. Maretta came before the Court on May 7, 2010, on Ms. Maretta’s Plea in Bar/Demurrer. The federal preemption issue presented by Ms. Maretta’s motion is a matter of first impression in Virginia. After conducting the hearing on the motion, the Court took the matter under advisement.

In her motion, Ms. Maretta argues that the statutory “order of precedence” set forth in the Federal Employees’ Group Life Insurance Act (“FEGLIA”) preempts the constructive trust remedy provided by Virginia Code § 20-111.1(D), under which Ms.…