No. 18-87

Ludwig P. Samson, Trustee for the Heirs and Next of Kin of Christine R. Samson, Deceased v. Jack W. Gordon, et al.

Lower Court: Minnesota
Docketed: 2018-07-18
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights due-process equal-protection opportunity-to-be-heard procedural-decision procedural-decisions retroactive-application retroactivity state-court state-court-rules state-statute
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Is a litigant denied due process when a state's highest court overrules a consistent line of procedural decisions and expands a state statute retroactively

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1) Is a litigant denied due process in the primary sense of having an opportunity to present his case when a state’s highest court overrules a consistent line of procedural decisions and expands a_ state statute retroactively surprising the litigant and failing to provide the opportunity to invoke his substantive rights under the 5 and 14th Amendments of the U.S. Constitution (equality of treatment). 2) Do the rules for a state’s highest court prohibiting the filing of a motion for rehearing on a denial of a petition for review deprive a litigant of the opportunity to be heard on allegedly unconstitutional claims the overruling of a consistent line of procedural decisions and expanding a _ state statute retroactively. i

Docket Entries

2018-10-01
Petition DENIED.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-08-02
Waiver of right of respondent Jack W. Gordon, M.D. to respond filed.
2018-07-26
Waiver of right of respondents Essentia Health d/b/a Virginia Convalescent Center and/or f/k/a Virginia Regional Medical Center to respond filed.
2018-07-16
Petition for a writ of certiorari filed. (Response due August 17, 2018)

Attorneys

Essentia Health d/b/a Virginia Convalescent Center and/or f/k/a Virginia Regional Medical Center
Paul Curtis PetersonLind, Jensen, Sullivan & Peterson, P.A., Respondent
Paul Curtis PetersonLind, Jensen, Sullivan & Peterson, P.A., Respondent
Jack W. Gordon, M.D.
Katherine Ann McBrideMeagher & Geer, Respondent
Katherine Ann McBrideMeagher & Geer, Respondent
Ludwig Samson
Richard E. BosseLaw Offices of Richard E. Bosse, Chartered, Petitioner
Richard E. BosseLaw Offices of Richard E. Bosse, Chartered, Petitioner