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Daniel Bierbach v. Digger's Polaris, et al.

Paid petition · Supreme Court of Minnesota, No. A20-1525 · judgment October 13, 2021

Certiorari denied · June 21, 2022
Pre-decision estimate: 20% cert probability (95% interval 13%–30%)

Before the decision, about 4.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a petition citing three to ten dissents.

Question presented

Whether the Controlled Substances Act preempts 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
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

For respondent
Susan KH Conley
Arthur, Chapman, Kettering, Smetak & Pikala, P.A.

Case

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

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

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

Proceedings

  1. Jun 21 2022
    Petition DENIED.
  2. Jun 02 2022
    Supplemental brief of respondents Digger's Polaris, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  3. May 31 2022
    DISTRIBUTED for Conference of 6/16/2022.
  4. May 31 2022
    Supplemental brief of petitioner Daniel Bierbach filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  5. May 16 2022
    Brief amicus curiae of United States filed. VIDED.
    Main DocumentProof of Service
  6. Feb 22 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Feb 02 2022
    DISTRIBUTED for Conference of 2/18/2022.
  8. Feb 01 2022
    Reply of petitioner Daniel Bierbach filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  9. Jan 27 2022
    Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
    Main DocumentProof of Service
  10. Jan 25 2022
    Brief of respondents Digger's Polaris, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Jan 11 2022
    Petition for a writ of certiorari filed. (Response due February 14, 2022)
    PetitionAppendixCertificate of Word CountProof of Service