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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


Certiorari denied · February 19, 2019
Pre-decision estimate: 1% cert probability

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

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 16 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Dec 28 2018
    Waiver of right of respondent Ken B. Peterson, Commissioner, MN Dept. of Labor and Industry to respond filed.
  4. Dec 13 2018
    Petition for a writ of certiorari filed. (Response due January 17, 2019)