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Ex parte Austal USA, LLC, 233 So. 3d 975 (Ala. 2017), reh'g denied Apr. 21, 2017.

The Court, in this Cunningham Bounds case, denies petitions for writs of mandamus by Austal USA, LLC, a shipbuilder in Mobile, which sought dismissal of complaints by eight of its employees who alleged Austal intentionally injured them by requiring each to work with an improperly modified hand-held rotary saw that had previously injured dozens of Austal’s employees. Citing Rodriguez-Flores v. U.S. Coatings, Inc., 133 So. 3d 874 (Ala. 2013), the Court rejected Austal’s claim of immunity under the Longshore Act upon concluding that Plaintiffs’ amended complaint stated potentially viable claim that Austal had intentionally injured its employees. Rejecting arguments from Austal’s amici curiae, The Business Council of Alabama, the Mobile Area Chamber of Commerce, the Alabama Defense Lawyers Association, and the Shipbuilders’ Council of America, the Court concluded that Austal had not demonstrated a clear legal right to an order granting its Rule 12(b)(6) Ala. R. Civ. P. motions to dismiss because it was indeed possible that Plaintiffs could prevail with their claims.

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