Silva v. SM3 Logistics Express SA – 5:23-CV-00034 – Mar 31, 2024
The U.S. District Court for the Southern District of Texas granted Plaintiff-Employee’s Motion to Remand. The Court found that Defendant-Co-Employee’s joinder was proper and prevented the Court from exercising exclusive jurisdiction.
Cary v. Sandoz Inc. – 3:23-CV-00080-K – Mar 26, 2024
The U.S. District Court for the Northern District of Texas denied Plaintiff-Employee’s Motion for Leave to Amend her complaint. The Court noted that the Plaintiff-Employee did not identify any cognizable adverse act Defendant-Employer took against her that relates to her pursuit of workers’ compensation.
Hime v. AS America Inc. – 3:23-cv-997-BN – Mar 5, 2024
The U.S. District Court for the Northern District of Texas denied Plaintiff-Employee’s Motion for Leave to File Amended Complaint. The Court reasoned that the Plaintiff-Employee failed to show an intentional act by the Defendant-Employer, and the Texas Workers Compensation Act was the exclusive remedy.
Taylor v. Ball Corporation – 4:21-CV-03173 – Feb 2, 2024
The U.S. District Court for the Southern District of Texas granted summary judgment against the Plaintiff-Employee because he was covered by workers compensation provided by the temporary employment service.
Burroughs v. Affordable Care LLC – 6:23-cv-158-JDK – Jan 17, 2024
The U.S. District Court for the Eastern District of Texas granted summary judgment against the Plaintiff-Employee because he was covered by workers compensation provided by the temporary employment service and the exclusive remedy applied.
Gemini Insurance Company v. Indemnity Insurance Company of North America – 23-20026 – Jan 12, 2024
The U.S. Fifth Circuit reversed the district court’s summary judgment and ordered the district court to 1) grant Liability-Carrier’s summary judgment on Comp-Carrier’s duties to defend and indemnify, and 2) consider subrogation issues. The Court found that the Deceased-Employee was an “employee” within the terms of the OCIP policy.
Cary v. Sandoz, Inc. – 3:23-CV-00080-K – Dec 6, 2023
The U.S. District Court for the Northern Dist. of Texas dismissed the Plaintiff-Employee’s case for FMLA discrimination and improper discharge under Texas workers’ comp laws. The Court found that the Plaintiff-Employee failed to show that the Defendant-Employer discriminated or retaliated against the Plaintiff-Employee.
Ace American Insurance Company v. Lerma – SA-23-CV-00539-JKP – Nov 13, 2023
The U.S. District Court for the Western District of Texas denied Defendant-Carrier’s Motion to dismiss regarding the “personal animosity” exception in nonsubscriber’s contract. The Court found differences between the language interpreted by the caselaw and the language in the contract.
Springman v. Diamondback E&P LLC – 23-CV-00014-DC-DF – Oct 4, 2023
The Magistrate for the U.S. District Court, Western District of Texas, recommended that Employee-Plaintiff’s Motion to Remand be DENIED because Defendant-Employer met its burden in showing federal question jurisdiction existed.
Rivera v. Ross Dress for Less, Inc. – 4:22-CV-74 – Sep 26, 2023
The U.S. District Court for the Southern District of Texas found that there was an enforceable arbitration agreement between Plaintiff-Employee and Defendant-Employer and that Defendant-Employer had not waived its right to seek arbitration.