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
Latest Conference: 2020-10-09
Question Presented (from Petition)

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?

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?

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
Special Compensation Fund
Kelly Susan KempMinnesota Attorney General's Office, Respondent
Workers' Injury Law & Advocacy Group
Kathleen Graham SumnerLaw Offices of Kathleen G. Sumner, Amicus