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 226932 N.W.2d 541
Oral Argument
3/28/2019
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.
Counsel
| Party | Type | Name |
|---|---|---|
| RESPONDENT | PRIVATE PRACTICE | Ian McLean - 07320 |
| RESPONDENT | PRIVATE PRACTICE | Joel A Flom - 04469 |
| RESPONDENT | PRIVATE PRACTICE | Peter William Zuger - 06282 |
| RESPONDENT | STATE AGENCY | Shawnda R Ereth - 05701 |
| PETITIONER | PRIVATE PRACTICE | John E. Ward - 07495 |
| RESPONDENT | PRIVATE PRACTICE | Ronald H McLean - 03260 |
| PETITIONER | PRIVATE PRACTICE | Lawrence E. King - 04997 |
| RESPONDENT | DISTRICT JUDGE | Richard Lee Hagar - 04661 |
(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 (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 | |
| 32 | 10/22/2019 | Corrected/Substitute Opinion Page (page 1, paragraph 2, line 2 word "a" replaced with "an") |