Surviving a Miller Saw and a Rule 12(b)(6) Motion to Dismiss
Ex parte Austal USA, LLC considers the narrow exception to the exclusivity provision of the Workers’ Compensation Act and the standard for a plaintiff to survive a Rule 12(b)(6) motion to dismiss. Allegations of Intent-to-Injure Austal USA operates a shipyard in Mobile, Alabama that builds naval vessels. The plaintiffs are employees of Austal, each of whom was injured during his employment with Austal when using a Miller saw. In their third amended complaint, the plaintiffs alleged intentional misconduct against Austal, alleging Austal had provided the plaintiffs with a “dangerous and defective Miller saw with the specific intent that it would...
