Attorneys for Alec Baldwin Request Dismissal of ‘Rust’ Script Supervisor Lawsuit

thewrap.com:

In paperwork filed Monday night in a Los Angeles Superior Court, attorneys for Alec Baldwin sought to have the lawsuit filed against him and other producers on the film, by “Rust” script supervisor Mamie Mitchell, dismissed.The attorneys, at the law firm Pillsbury Winthrop Shaw Pittman LLP which represent “Rust” producers in this case, argue that because the “Rust” shooting that killed cinematographer Halyna Hutchins on Oct.

21 happened in New Mexico, the matter falls under that state’s laws. And further, the filing argues that Mitchell’s lawsuit does not meet the standard of New Mexico law.“What Defendants challenge is Plaintiff’s claim that she has any legal right to any monetary recovery in this Court.

The law is clear that she does not. As Plaintiff obviously recognizes, having cited the New Mexico Supreme Court case Delgado v.

Phelps Dodge as the basis for each of the three causes of action in her Complaint, Plaintiff cannot bring a workplace injury claim before this Court based on alleged negligence because Defendants are generally immune from such claims under New Mexico’s worker’s compensation law,” the filing reads in part.“Because all three of Plaintiff’s causes of action, are based on allegations of negligence that resulted in a workplace accident, they should be dismissed because her exclusive remedy is New Mexico’s Workers’ Compensation Act,” the filing says further down, “not a civil action filed in California State Court.”The filing also argues that Mitchell’s lawsuit “does not allege any facts whatsoever against Defendants Rust Movie Productions, LLC, Ryan Donnell Smith, Langley Allen Cheney, Thomasville Pictures, LLC, Anjul Nigam, Matthew DelPiano, Cavalry Media, Inc.