Winning Summary Judgment Motion by Establishing Special Employment: A Closer Look at a Recent Winning Result

In a stunning case defending a staffing company where prior counsel failed to raise workers’ compensation exclusivity as an affirmative defense and had recommended settlement, LOIS Attorney Chris Major won a complete dismissal via summary judgment. Given the size of the workers’ compensation lien, a jury verdict in the millions of dollars was potentially on the table. An aggressive defense, however, resulted in summary judgment dismissing the complaint, even after prior counsel had recommended settlement and had not raised workers’ compensation exclusivity as an affirmative defense.