Plains Trucking, LLC v. Hagar, et al.

Docket No. 20190022
Oral Argument: Thursday, March 28, 2019 1:30 PM

Docket Info

Title
Plains Trucking, LLC, Petitioner
v.
Richard Hagar, Judge of the District Court,
North Central Judicial District, Darian
Songer Bail; Missouri Basin Well Service,
Inc. d/b/a MBI Energy Services, Respondents
Case Type
CIVIL ORIG. PROCEEDING : WRIT OF SUPERVISION (Civil)
Appeal From
Case No. 2016-CV-00916
North Central Judicial District, Ward County
Richard L. Hagar
2019 ND 226

Highlight

The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.

When a worker is an employee, the Workforce Safety and Insurance Act generally provides the exclusive remedy for the employee who suffers a compensable injury.

Workforce Safety and Insurance must make the initial determination that an employer has misrepresented the amount of payroll upon which its premium is based before an employee may pursue the dual remedy of a civil action.


Briefs

Filing Date Description
01/15/2019 PETITIONER BRIEF View
02/05/2019 RESPONDENT BRIEF View
02/13/2019 RESPONDENT BRIEF (Response to Cross Petition) View

Counsel

Party Type Name
RESPONDENT STATE AGENCY Shawnda R Ereth - 05701
RESPONDENT PRIVATE PRACTICE Joel A Flom - 04469
PETITIONER PRIVATE PRACTICE Lawrence E King - 04997
RESPONDENT DISTRICT JUDGE Richard Lee Hagar - 04661
RESPONDENT PRIVATE PRACTICE Ronald H McLean - 03260
RESPONDENT PRIVATE PRACTICE Peter William Zuger - 06282
PETITIONER PRIVATE PRACTICE John E. Ward - 07495
RESPONDENT PRIVATE PRACTICE Ian McLean - 07320

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/15/2019 PETITION FILED View
2 01/15/2019 PETITIONER BRIEF View
3 01/15/2019 E-FILED BRIEF
4 01/15/2019 PETITIONER APPENDIX
5 01/15/2019 E-FILED APPENDIX
6 01/17/2019 Filing fee and PTB e-filing surcharge (rec. # 26848) received
7 01/18/2019 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
8 02/05/2019 CROSS PETITION FILED View
9 02/05/2019 RESPONDENT BRIEF View
10 02/05/2019 E-FILED BRIEF
11 02/05/2019 RESPONDENTS' APPENDIX
12 02/05/2019 E-FILED APPENDIX
13 02/07/2019 RPB e-filing surcharge received ( rct. #26888)
14 02/07/2018 Request to file a response to cross petition
15 02/08/2019 ACTION BY SUPREME COURT - Granted : 02/13/2019
16 02/13/2019 RESPONDENT BRIEF (Response to Cross Petition) View
17 02/13/2019 E-FILED BRIEF
18 02/21/2019 Order Staying Trial in 20190014, and consolidating with 20190014 for oral argument
19 02/21/2019 NOTICE OF ORAL ARGUMENT SENT
20 02/27/2019 SITTING WITH THE COURT : Schmalenberger, Allan L.
21 03/28/2019 APPEARANCES: Lawrence King & John Ward/Peter Zuger
22 03/28/2019 ARGUED: King/P. Zuger
23 03/28/2019 ORAL ARGUMENT WEBCAST
24 08/19/2019 MOTION to Stay further proceedings in district court pending Supreme Court decision
25 08/22/2019 NO ACTION TAKEN
26 08/22/2019 ACTION BY SUPREME COURT (Petition) - Granted
27 08/22/2019 ACTION BY SUPREME COURT (Cross-Petition) - Denied
28 08/22/2019 DISPOSITION (Petition for Supervisory Writ Granted, Cross-Petition Denied)
29 08/22/2019 UNANIMOUS OPINION : Tufte, Jerod E. View
30 08/26/2019 Judgment Sent to Parties
31 09/13/2019 MANDATE