No. 18-769

Minnesota Living Assistance, Inc., dba Baywood Home Care v. Ken B. Peterson, et al.

Lower Court: Eighth Circuit
Docketed: 2018-12-18
Status: Denied
Type: Paid
Response Waived
Tags: abstention abuse-of-discretion administrative-proceeding civil-administrative-proceeding civil-rights-preemption de-novo-review federal-preemption federal-question standard-of-review state-law younger-abstention younger-v-harris
Key Terms:
Arbitration ERISA WageAndHour Jurisdiction
Latest Conference: 2019-02-15
Question Presented (AI Summary)

whether the principles enunciated in Younger v. Harris and its progeny require a federal court to abstain from deciding a federal preemption question

Question Presented (OCR Extract)

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.

Docket Entries

2019-02-19
Petition DENIED.
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2018-12-28
Waiver of right of respondent Ken B. Peterson, Commissioner, MN Dept. of Labor and Industry to respond filed.
2018-12-13
Petition for a writ of certiorari filed. (Response due January 17, 2019)

Attorneys

Ken B. Peterson, Commissioner, MN Dept. of Labor and Industry
Jonathan D. MolerOffice of the Minnesota Attorney General, Respondent
Jonathan D. MolerOffice of the Minnesota Attorney General, Respondent
Minnesota Living Assistance, Inc., d/b/a Baywood Home Care
Bruce J. DouglasOgletree, Deakins, Nash, Smoak & Stewart, P.C., Petitioner
Bruce J. DouglasOgletree, Deakins, Nash, Smoak & Stewart, P.C., Petitioner