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Susan K. Musta v. Mendota Heights Dental Center, et al.

Paid petition · Supreme Court of Minnesota, No. A20-1551 · judgment October 13, 2021


Certiorari denied · June 21, 2022
Pre-decision estimate: 44% cert probability (95% interval 30%–58%)

Before the decision, about 10.5× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a circuit split argued in the petition.

Question presented

Does the Controlled Substances Act preempt an order under a state workers’ compensation law requiring an employer to reimburse an injured employee for the cost of medical marijuana used to treat a work-related injury?

Counsel of record

For petitioner
Adam G. Unikowsky
Jenner & Block LLP

For respondent
Jonathan M. Freiman
Wiggin & Dana LLP

Case

Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Orders
Order list, February 22, 2022
Order list, June 21, 2022 · Certiorari denied

Proceedings

  1. Jun 21 2022
    Petition DENIED.
  2. May 31 2022
    DISTRIBUTED for Conference of 6/16/2022.
  3. May 31 2022
    Supplemental brief of petitioner Susan K. Musta filed. (Distributed)
  4. May 16 2022
    Brief amicus curiae of United States filed. VIDED.
  5. Feb 22 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  6. Feb 02 2022
    DISTRIBUTED for Conference of 2/18/2022.
  7. Feb 01 2022
    Reply of petitioner Susan K. Musta filed. (Distributed)
  8. Jan 14 2022
    Brief of respondents Mendota Heights Dental Center, et al. in opposition filed.
  9. Dec 06 2021
    Brief amici curiae of Empire State NORML, et al. filed.
  10. Nov 18 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2022.
  11. Nov 17 2021
    Motion to extend the time to file a response from December 6, 2021 to January 14, 2022, submitted to The Clerk.
  12. Nov 04 2021
    Petition for a writ of certiorari filed. (Response due December 6, 2021)