Legal Opinion

Prisco v. Colgan Air, Inc.

District Court, W.D. New York

Decided March 26, 2012No. Nos. 09-md-2085, 10-CV-1007SPublished

1Opinion of the Court

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Presently before this Court is Defendant Colgan Air, Inc.’s Motion to Dismiss Plaintiffs complaint against it as barred by workers’ compensation law.1 (Docket No. 53.2) For the reasons explained below, Colgan’s motion is denied.

II. BACKGROUND

This case arises out of the crash of Continental Connection Flight 3407 on February 19, 2009, in Clarence Center, *408N.Y. The crash killed all 49 people on board the aircraft and one person on the ground. By order entered October 6, 2009, the United States Judicial Panel on Multidistrict…

2Cases cited20 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Babcock v. JacksonNew York Court of Appeals · 1963
  5. International Paper Co. v. OuelletteSupreme Court of the United States · 1987

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