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
Latest Conference: 2018-09-24
Question Presented (from Petition)

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
state
statute
retroactively
a
surprising the litigant and failing to provide
the
opportunity to invoke his substantive
rights under the 5th 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
g of a consistent line of procedural
overruling
decisions
and
expanding
a
state
statute
retroactively.

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

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
Jack W. Gordon, M.D.
Katherine Ann McBrideMeagher & Geer, Respondent
Ludwig Samson
Richard E. BosseLaw Offices of Richard E. Bosse, Chartered, Petitioner