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 (from Petition)

I. The 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 federalquestion of preemption because a state executivebranch agency has initiated a civil administrativeproceeding against the federal plaintiff solely underthe state law.

II. The question presented is whether the Court of
Appeals erred by applying an abuse of discretionstandard to a District Court's decision to apply theabstention principle enunciated in Younger v.
Harris and, therefore, erred in affirming theDistrict Court's decision.

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

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
Minnesota Living Assistance, Inc., d/b/a Baywood Home Care
Bruce J. DouglasOgletree, Deakins, Nash, Smoak & Stewart, P.C., Petitioner