Legal Opinion

Demetres v. East West Construction, Inc.

District Court, E.D. Virginia

Decided January 28, 2014No. Civil Action No. 2:13cv155PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER

REBECCA BEACH SMITH, Chief Judge.

This matter comes before the court on the Motion to Dismiss (“Motion”) and accompanying Memorandum in Support, filed by the Defendant, East West Construction, Inc., pursuant to Federal Rule of Civil Procedure 12(b)(1). ECF No. 6. Therein, the Defendant alleges that this court lacks jurisdiction over the dispute because the Plaintiffs claims are preempted by the Virginia Workers’ Compensation Act (“VWCA”). For the reasons set forth below, the court GRANTS the Defendant’s Motion, and the case is DISMISSED for lack of subject matter jurisdiction…

2Cases cited30 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Richmond, Fredericksburg & Potomac Railroad Company v. United StatesCourt of Appeals for the Fourth Circuit · 1991
  3. David Wayne Evans v. B.F. Perkins CompanyCourt of Appeals for the Fourth Circuit · 1999
  4. Adams v. BainCourt of Appeals for the Fourth Circuit · 1982
  5. United States Ex Rel. Vuyyuru v. JadhavCourt of Appeals for the Fourth Circuit · 2009

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3Cited by4 opinions

  1. James Demetres v. East West Construction, Inc.Court of Appeals for the Fourth Circuit · 2015
  2. Bramblett v. Commonwealth of KentuckyDistrict Court, E.D. Kentucky · 2022
  3. Holland v. Dolgencorp, LLCDistrict Court, D. Maryland · 2022
  4. Roberson v. SMG Food and Beverage, LLCDistrict Court, E.D. Virginia · 2020

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