Lawson

Lawson v. General Electric Co.

Good Law
140 F. Supp. 3d 968·2015 WL 5591714·2015 U.S. Dist. LEXIS 127874
United States District Court, Northern District of CaliforniaSeptember 23, 2015Case No. 15-cv-02384-TEHCalifornia2,930 words

Opinion

Lead Opinion

Henderson, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

This matter came before the Court on September 14, 2015 for a hearing on Defendant’s motion to dismiss the Complaint for failure to state a claim based on a cognizable legal theory and for lack of subject matter jurisdiction. After careful consideration of the parties’ briefing and oral argument, the Court hereby GRANTS IN PART and DENIES IN PART Defendant’s motion to dismiss for the reasons set forth below.

I. BACKGROUND

Plaintiff Steven Lawson (“Plaintiff’) worked as a welding technician for Dime-trics Incorporated, which contracted with Defendant General Electric Company (“Defendant”) to have Plaintiff and other welders provide welding services on Defendant’s nuclear power plants throughout the United States and internationally, namely on Defendant’s Boiling Water Reactors (“BWRs”). Compl. ¶¶ 9,19.

Plaintiff alleges that Defendant: (i) failed to provide Plaintiff with adequate safety measures, id. ¶¶ 11, 20, 21, 25; (ii) violated safety protocol with regard to the condition of piping systems during repairs, id. ¶ 12; (iii) required Plaintiff to return to work while knowing that repeated radiation…

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