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Albright Stoddard Successfully Defends Unique Workers’ Compensation Contract Claims

Posted by: on Wed, Aug 15, 2012

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Las Vegas, Nevada

August 15, 2012

D. Chris Albright, partner at Albright, Stoddard, Warnick & Albright, successfully obtained an Order of dismissal yesterday in a Nevada U.S. District Court case involving unique workers’ compensation and contract claims. The suit involved a temporary labor service whose employee was injured on a job site. Despite being covered by workers’ compensation insurance from his employer, the injured employee was allowed by a Nevada State judge to bring suit against the temporary labor service’s customer. The State Court found an exception to the exclusive remedy and immunity defenses of Nevada’s Industrial Insurance Act under certain unique circumstances of the particular accident. That ruling prompted the customer to file two U.S. District Court suits (a third-party action and a direct claim) against the temporary labor service for allegedly breaching its contract to provide a worker covered by workers’ compensation insurance.

After attorney D. Chris Albright, representing the temporary labor service, filed two Motions for Summary Judgment dismissal in U.S. District Court, the temporary labor service’s customer voluntarily dismissed its claims. The Motions filed by Mr. Albright pointed out various legal defenses to the customer’s claims, including under Nevada’s economic loss rule defense, Federal Rule of Civil Procedure 9(b), and various statutes of limitations. More importantly, the motions explained that the Customer Agreement in question had simply not been breached as a matter of law, given its actual terms, regardless of the unusual ruling from the Nevada State Court in another action.

Albright, Stoddard, Warnick & Albright’s litigation team has decades of experience aggressively representing its clients in a variety of legal disputes involving potentially complex legal and factual questions. No matter how unique and complex any particular legal controversy may be, the firm’s formidable lawyers are well suited to provide high quality representation, and to achieve results for their clients.