Supreme Court of the United States · Official docket →
Minnesota Living Assistance, Inc., dba Baywood Home Care v. Ken B. Peterson, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-2658 · judgment August 8, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I. The question presented is whether the principles enunciated in Younger v. Harris and its progeny require a federal court, having properly before it a claim that a federal statute preempts a state law, should abstain from the deciding the federal question of preemption because a state executive branch agency has initiated a civil administrative proceeding against the federal plaintiff solely under the state law. II. The question presented is whether the Court of Appeals erred by applying an abuse of discretion standard to a District Court’s decision to apply the abstention principle enunciated in Younger v. Harris and, therefore, erred in affirming the District Court’s decision.
Counsel of record
For petitioner
Bruce J. Douglas
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
For respondent
Jonathan D. Moler
Office of the Minnesota Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 19 2019Petition DENIED.
- Jan 16 2019DISTRIBUTED for Conference of 2/15/2019.
- Dec 28 2018Waiver of right of respondent Ken B. Peterson, Commissioner, MN Dept. of Labor and Industry to respond filed.
- Dec 13 2018Petition for a writ of certiorari filed. (Response due January 17, 2019)