No. 20-159

John Devos v. Rhino Contracting, Inc., et al.

Lower Court: Minnesota
Docketed: 2020-08-13
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: constitutional-rights due-process employment employment-law equal-protection interstate-commerce state-law state-residency workers-compensation
Key Terms:
DueProcess
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Does a State's workers compensation statute violate Equal Protection when it treats Minnesota residents injured on the job in Minnesota differently based on whether the employer is located in North Dakota rather than any other State?

Question Presented (from Petition)

QUESTIONS PRESENTED Does a State’s workers compensation statute violate Equal Protection when it treats Minnesota residents injured on the job in Minnesota differently based on whether the employer is located in North Dakota rather than any other State? Where a Minnesota resident, whose payroll taxes are paid to Minnesota, is injured on the job in Minnesota, can the State of Minnesota deprive him of a common law cause of action, as well as deny him workers compensation benefits, by mandating that his exclusive remedy is in the workers compensation system of North Dakota because that is the home of the worker’s employer?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-23
DISTRIBUTED for Conference of 10/9/2020.
2020-09-14
Waiver of right of respondent Special Compensation Fund to respond filed.
2020-09-09
Brief amicus curiae of Workers' Injury Law & Advocacy Group filed.
2020-08-10
Petition for a writ of certiorari filed. (Response due September 14, 2020)

Attorneys

John Devos
Robert S. PeckCenter for Constitutional Litigation, PC, Petitioner
Robert S. PeckCenter for Constitutional Litigation, PC, Petitioner
Special Compensation Fund
Kelly Susan KempMinnesota Attorney General's Office, Respondent
Kelly Susan KempMinnesota Attorney General's Office, Respondent
Workers' Injury Law & Advocacy Group
Kathleen Graham SumnerLaw Offices of Kathleen G. Sumner, Amicus
Kathleen Graham SumnerLaw Offices of Kathleen G. Sumner, Amicus