Virginia Beach, VA asked in Appeals / Appellate Law, Civil Litigation and Employment Law for Virginia

Q: Case Dismissed without prejudice for Failure to State a Claim for Which Relief Can be Granted

If an employer makes a couple of discrepancies on employment record that prohibits employment within career field and neglected a federal regulation by law. If a requirement of a regulation specifies receiving "immediate" medical attention directly away from a scene as opposed to noticing an injury after leaving the scene then receiving medical attention which does not satisfy the "immediate" inference and the latter occurred. Would this prove to be a claim for which relief can be granted?

1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
  • Appeals & Appellate Lawyer
  • Warrenton, VA
  • Licensed in Virginia

A: You would need to compare those facts to the basis on which the court dismissed the prior complaint in order to determine whether they overcome the defects in the claims previously alleged. From your description it is not possible to draw a conclusion.

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