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Spatz, Scott v. Weyerhaeuser Company et al

Brief in Support of 14 Motion to Dismiss

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,684 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,676 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,650 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  4. S. Coast Framing, Inc. v. Workers' Comp. Appeals Bd.

    61 Cal.4th 291 (Cal. 2015)   Cited 106 times   2 Legal Analyses
    In South Coast, the court held that an injured worker's death from respiratory failure at home was industrial because medications he took for an industrial injury were a contributing cause of death where the QME testified that those medications played a small role in causation: more than 0 percent but less than 20 percent.

  5. Stachowski v. Town of Cicero

    425 F.3d 1075 (7th Cir. 2005)   Cited 64 times
    Finding that the plaintiff's failure to pursue adequate state law remedies available to him necessarily eliminates his procedural due process claim

  6. Jenkins v. Sabourin

    104 Wis. 2d 309 (Wis. 1981)   Cited 118 times   1 Legal Analyses
    In Jenkins, we reasoned that "when an employee is treated for a work-related injury and incurs an additional injury during the course of treatment, the second injury is deemed as one growing out of, and incidental to, employment in the sense that the employer, by virtue of the Act, becomes liable for the augmented injury."

  7. Acevedo v. Consolidated Edison Co. of New York, Inc.

    189 A.D.2d 497 (N.Y. App. Div. 1993)   Cited 78 times   1 Legal Analyses
    Affirming trial court's exclusion of tort claims premised on employee's exposure to asbestos fibers remaining on clothing after they had returned home because "any damage resulting from such harm will clearly have arisen out of plaintiffs' employment and is governed exclusively by the Workers' Compensation Law"

  8. Melendrez v. Ameron International Corporation

    240 Cal.App.4th 632 (Cal. Ct. App. 2015)   Cited 26 times
    In Melendrez, the plaintiff was exposed to asbestos during the course of his employment with Ameron International Corporation.

  9. Swanson v. Simpson Timber Co.

    B244266 (Cal. Ct. App. Oct. 2, 2013)   Cited 3 times
    Finding so-called “secondary asbestos exposure” claim barred by the workers' compensation act because: the injury “is derivative as it is depending upon the compensable injury arising from and in the course of and scope of Swanson's employment;” and “Swanson's secondary self-exposure from the asbestos fibers and dust on his works clothes would not have occurred if he were not exposed to asbestos in the course and scope of his employment”

  10. Schachtner v. Dilhr

    144 Wis. 2d 1 (Wis. Ct. App. 1988)   Cited 24 times
    In Schachtner, 144 Wis.2d 1, the court of appeals rejected the employe's contention that the WCA exclusive remedy provision was enacted to limit only an employer's common law tort liability.

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 362,493 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 102.03 - Conditions of liability

    Wis. Stat. § 102.03   Cited 163 times   1 Legal Analyses
    Requiring the employee to sustain an injury during the course of her employment