Supreme Court of Alabama

Ex Parte Austal USA, LLC. (in Re Michael Keshock v. Metabowerke Gmbh) ex Parte Austal USA, LLC. (in Re Michael…

March 3, 2017233 So. 3d 975

Summary

The Alabama Supreme Court denied Austal USA, LLC's petitions for writs of mandamus seeking dismissal of the plaintiffs' intentional misconduct claims, holding that the complaint plausibly alleges an intent-to-injure exception to the LHWCA exclusivity and therefore the motion to dismiss was improper.