Legal Opinion

Anderson v. Commerce Construction Services, Inc.

Court of Appeals for the Tenth Circuit

Decided July 2, 2008No. 07-3128PublishedCited by 31 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

In this choice of law case, Shon Anderson, a Nebraska subcontractor’s employee, was injured while performing demolition work in Kansas. Anderson collected workers’ compensation benefits from his Nebraska employer, but he could have collected such benefits from the general contractor in Kansas overseeing the project. Anderson subsequently filed a negligence suit in Kansas federal district court against the general contractor.

We must decide whether the exclusive remedy provision of the Kansas workers’ compensation statute applies. If it does, Anderson’s suit is barred…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Salve Regina College v. RussellSupreme Court of the United States · 1991
  4. Ling v. Jan's LiquorsSupreme Court of Kansas · 1985
  5. Locke v. SaffleCourt of Appeals for the Tenth Circuit · 2001

11 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. McBeth v. HimesCourt of Appeals for the Tenth Circuit · 2010
  2. United States Aviation Underwriters, Inc. v. Pilatus Business Aircraft, Ltd.Court of Appeals for the Tenth Circuit · 2009
  3. Salman Ranch, Ltd. v. CommissionerCourt of Appeals for the Tenth Circuit · 2011
  4. Boone v. MVM, INC.Court of Appeals for the Tenth Circuit · 2009
  5. Transportation Alliance Bank, Inc. v. Arrow Trucking Co.District Court, N.D. Oklahoma · 2011

26 more not listed; retrieve them via the Exa API.

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