Legal Opinion
Radil v. Sanborn Western Camps, Inc.
Court of Appeals for the Tenth Circuit
Decided September 22, 2004No. 03-1343PublishedCited by 314 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
Plaintiff-appellant Jennifer Radii was seriously injured in an automobile accident during an outing with her coworkers. She applied for and was denied Colorado workers’ compensation benefits. She then filed this respondeat superior diversity suit against her employer under 28 U.S.C. § 1332 (2000). The district court dismissed her suit for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) because it concluded that her exclusive remedy was through state workers’ compensation proceedings. The district court found that because Radii was…
2Cases cited23 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Singleton v. WulffSupreme Court of the United States · 1976
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- United States v. CottonSupreme Court of the United States · 2002
- United States v. MortonSupreme Court of the United States · 1984
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3Cited by314 opinions
- Image Software, Inc. v. Reynolds & Reynolds Co.Court of Appeals for the Tenth Circuit · 2006
- Symes v. HarrisCourt of Appeals for the Tenth Circuit · 2006
- Gad v. Kansas State UniversityCourt of Appeals for the Tenth Circuit · 2015
- Aguayo v. AMCO InsuranceDistrict Court, D. New Mexico · 2014
- De La Rosa v. Reliable, Inc.District Court, D. New Mexico · 2015
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