Behrens v. Milliken

I agree that this case should be reversed and remanded. I believe the majority opinion adequately describes the federal preemption concepts which apply to this matter. However, I disagree with the majority *281opinion that Betty is entitled to an automatic judgment upon remand for the sum of $10,000.00 plus interest as I believe a more equitable approach should be taken based upon a more fully developed record.

Betty’s claim against the estate cannot be founded upon SDCL 20-1-2(1). This code provision states that an obligation may arise from a “contract of the parties.” But, the Settlement…