Brink v. Continental Ins. Co.

Plaintiffs filed a class action suit stemming from the workers' compensation benefits owed to class members under the Defense Base Act, 42 U.S.C. 1651 et seq., for injuries suffered while working for United States government contractors in Iraq and Afghanistan. Members of the class suffered lost limbs in massive explosions, suffered traumatic brain injuries from “concussive blasts, mortars, rockets, and bombs,” and developed post-traumatic stress disorder after witnessing “gruesome scenes of carnage.” The court affirmed the dismissal of plaintiffs’ class-wide tort claims in light of Hall v. C&P Telephone Company as well their Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-68, claims because plaintiffs failed to state a cause of action under the statute and the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901-950, claims for failure to exhaust administrative remedies; however, this dismissal does not preclude any individual plaintiff from bringing independent claims outside of the Base Act’s statutory scheme; with respect to the American with Disabilities Act, 42 U.S.C. 12101 et seq., claims brought by three individual plaintiffs, the court remanded to the district court to reconsider and explain its denial of leave to amend the complaint. View "Brink v. Continental Ins. Co." on Justia Law