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Marianne E. Burke v. Criterion General, Inc., et al.

Paid petition · Supreme Court of Alaska, No. S-17766 · judgment November 5, 2021


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Was Workers’ Compensation law and the cases of Schiel Wedmore, and White involving mostly injury, misapplied to this case; a case that is about gross, even criminally negligent death in the workplace, where funeral expenses paid for the victim were labeled as a “significant benefit” by the Alaska Supreme Court?

  2. Are the US and Alaska Constitutional Rights of average working Americans being denied in the workplace, like access to the Courts—as if the Bill of Rights says “you have all these rights to life, liberty and property, except in the workplace”? (Of course, it doesn’t say that.)

  3. Why is all of the burden of a workplace death being put upon the victim’s family, where legal representation is almost obsolete, where “no consequence” laws in the workplace cause more accidents”, and where all of the cost, time, and energy spent in seeking justice is carried by the victim’s family?

Counsel of record

For petitioner
Marianne E. Burke

For respondent
Laura Emily Wolff
The State of Alaska

Case

Conference history
Distributed for 2 conferences

Linked docket
21A508

Proceedings

  1. Jan 09 2023
    Rehearing DENIED.
  2. Nov 30 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Oct 28 2022
    Petition for Rehearing filed.
  4. Oct 03 2022
    Petition DENIED.
  5. Sep 07 2022
    DISTRIBUTED for Conference of 9/28/2022.
  6. Aug 30 2022
    Waiver of right of respondent Criterion General, Inc. to respond filed.
  7. Aug 17 2022
    Waiver of right of respondent State of Alaska to respond filed.
  8. May 19 2022
    Petition for a writ of certiorari filed. (Response due September 2, 2022)
  9. Apr 15 2022
    Application (21A508) granted by Justice Kagan extending the time to file until May 19, 2022.
  10. Apr 09 2022
    Application (21A508) to extend further the time from April 19, 2022 to May 19, 2022, submitted to Justice Kagan.
  11. Mar 16 2022
    Application (21A508) granted by Justice Kagan extending the time to file until April 19, 2022.
  12. Mar 09 2022
    Application (21A508) to extend the time to file a petition for a writ of certiorari from March 20, 2022 to April 19, 2022, submitted to Justice Kagan.