Patrick v. Wal-Mart, Inc., et al., No. 11-60217 (5th Cir. 2012)
Annotate this CaseThis case arose when plaintiff sought workers' compensation from Wal-Mart's carrier after she suffered a lower-back injury on July 28, 1997. At issue was whether a claim for a bad faith denial of workers' compensation benefits was untimely brought by plaintiff. The court held that plaintiff's original claim was barred by Mississippi's three-year statute of limitations. Her new allegations as to a continuing violation and other instances of bad faith did not state a claim. Thus, the district court properly dismissed the entirety of her second amended complaint.
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