Mo. Court Applies Election of Remedies Doctrine to Dismiss Employee Suit Against Noranda Aluminum

CAPE GIARDEAU, Mo. — A Missouri federal judge has dismissed an employee’s suit against Noranda Aluminum Inc. (NYSE: NOR), saying that the “election of remedies” doctrine precludes a common tort action where the plaintiff has already pursued a workers' compensation claim.

Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri issued his decision March 15, awarding summary judgment to Noranda.

Plaintiff Donald Francis contends that he developed chronic beryllium disease after 20 years of employment at Noranda.

His condition was diagnosed in 2006 and led to a workers’ compensation benefit claim, the …