News & Analysis as of

Workers' Compensation Claim Motion to Dismiss Workplace Injury

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

Weber Gallagher Simpson Stapleton Fires &...

If at First You Don't Succeed, Appeal and then Appeal Again - Unless You Are Out of Time

In a recent decision, New Jersey Transit’s Motion to Dismiss was affirmed by the Appellate Court on February 2, 2022. The petitioner had appealed from the October 7, 2020 Order of the Workers' Compensation Court granting the...more

Littler

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

Littler on

On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

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