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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

PAUL W. DANIELS, JR., Plaintiff, vs. YRC, INC., a Delaware Corporation; YRC LOGISTICS GLOBAL, LLC, aka MIQ GLOBAL, LLC, a Delaware Limited Liability Company; YRC FREIGHT; and John Does 1-5, Defendants. I. INTRODUCTION

Case No. CV-12-129-BLG-RFC

ORDER GRANTING DEFENDANTS' PARTIAL MOTION TO DISMISS

Plaintiff Paul Daniels, Jr. brings causes of action for negligence, defamation, and wrongful discharge under Montana's Wrongful Discharge From Employment Act ("WDEA") against his former employer. Defendants have moved to dismiss the negligence and defamation claims on the grounds that they arise out of the discharge and are therefore preempted by the WDEA. Doc. 6. Defendants also argue that two of the allegedly defamatory statements are privileged and therefore do not give rise to a legally cognizable cause of action.
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ANALYSIS A claim is subject to dismissal under Rule 12(b)(6) Fed.R.Civ.P. if it lacks a

cognizable legal theory. Johnson v. Riverside Healthcare System, LP, 534 F.3d 1116, 1121-22 (9th Cir. 2008). Except with regard to other statutes that prohibit discharge and discrimination on other grounds, a WDEA claim is the "exclusive remedy for a wrongful discharge from employment" under Montana law. Kulm v. Montana State University-Bozeman, 948 P.2d 243, 245 (Mont. 1997); Mont Code Ann.

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Montana Law