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Employer Liability Issues › Motion to Dismiss › Dismissals

Marshall Dennehey

Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

Marshall Dennehey on

Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he...more

Lathrop GPM

Ohio Federal Court Dismisses Perpetrator Liability Sex Trafficking Claims Against Hotel Defendants, Allows Vicarious Liability...

Lathrop GPM on

A federal court in Ohio recently granted, in part, defendants’ motion to dismiss various TVPRA claims and denied their motion to transfer in a suit concerning alleged sex trafficking at two Red Roof Inn locations in Virginia...more

Lathrop GPM

Maine Federal Court Grants Franchisor’s Motion to Dismiss Age Discrimination Claim Brought by Franchisee’s Independent Contractor

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A federal court in Maine granted a franchisor’s motion to dismiss claims asserting that a franchisor was liable for its franchisee’s alleged age discrimination in employment. Goodwill v. Anywhere Real Est., 2023 WL 4034372...more

Genova Burns LLC

The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss

Genova Burns LLC on

On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

Spilman Thomas & Battle, PLLC on

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Payne & Fears

Compliant Policies Help Employer Defeat Wage Claims on Summary Judgment

Payne & Fears on

In David v. Queen of the Valley Medical Center (QVMC), 2020 WL 3529683 (certified for publication Cal. Ct. App. June 30, 2020), the employer’s legally compliant policies were crucial in getting the California Court of Appeal...more

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