Mejia Ruiz v. Home Depot U.S.A., Inc. – 3:22-CV-2266-D – Sep 21, 2023
The United States District Court for the Northern District of Texas granted, in part, Plaintiff-Employee’s Motion to Compel Discovery Responses.
Diyenno-Messenger v. United States – 22-50303 – Jun 23, 2023
The United States Fifth Circuit Court of Appeals affirmed the lower court’s finding that the Defendant-Employer, U.S. Postal Service, provided workers’ compensation and was therefore immune from claims under the Texas Workers’ Compensation Act.
Wilcox v. Wal-Mart Stores Texas, LLC – 3:21-CV-1009-L – Feb 15, 2023
The U.S. District Court for the Northern District of Texas granted Defendant-General-Contractor’s Motion for Summary Judgment. The court noted that to create a duty of care, there must be a nexus between the general contractor’s retained control and the condition or activity that causes the injury.
Gemini Insurance Company v. Indemnity Insurance Company of North America – 649 S.Fupp.3d 449 – Jan 9, 2023
The U.S. District Court for the Southern District of Texas granted summary judgment for Comp-Carrier and against General-Carrier finding that the subcontractor had control of the employee’s environment but not the employee.
M Felder Trucking LLC v Pilot Travel Centers LLC – 4:22-CV-00181 – Jul 19, 2022
The district court adopted the magistrate judge’s recommendation and granted the plaintiffs’ motion to remand. The court ruled that removal was untimely under federal law and returned the case to the 269th Judicial District Court of Harris County, Texas, for further proceedings.
M Felder Trucking LLC v. Pilot Travel Centers LLC – 4:22-cv-00181 – Jun 17, 2022
The magistrate judge recommended remanding the case to Texas state court, holding that removal was untimely because it occurred more than one year after the action was filed. The original petition did not clearly show damages above the federal jurisdictional threshold, so the one-year removal bar applied. Plaintiffs timely filed their motion to remand, and their limited participation in federal discovery did not waive the objection. The case was recommended for remand to Harris County district court.
Johnson v. Caroli – 21-20231 – May 12, 2022
The Fifth Circuit United States Court of Appeals affirmed the district court’s order granting summary judgment in favor of Defendant-Employer on grounds that Plaintiffs-Employee’s claims were barred by the exclusive remedy provision of the Texas Workers’ Compensation Act.
Maxim Crane Works LP v. Zurich American Insurance Company – 11 F.4th 345 – Aug 25, 2021
The United States Fifth Circuit Court withdrew its previous opinion and certified a question in the matter to the Texas Supreme Court.
Air Evac EMS, Incorporated v. Sullivan – 8 F.4th 346 – Aug 4, 2021
The U.S. Court of Appeals, Fifth Circuit, held that Texas Workers’ Compensation Act regulations concerning the reimbursement of air ambulance providers like Air Evac are preempted by the Airline Deregulation Act and are not saved by the McCarran–Ferguson Act.
Vega v. Tyson Foods, Inc. – 3:19-CV-1647-L – Mar 14, 2021
The United States District Court for the Northern District of Texas granted Defendant-Employer’s summary judgment in a non-subscriber case where the Plaintiff-Employee signed a post-injury waiver as part of Defendant-Employer’s Workplace Injury Settlement Program. The Court noted that Plaintiff-Employee failed to argue that the Waiver was invalid under the Texas Labor Code. Instead, the Plaintiff-Employee asserted that the Waiver did not preclude the claims asserted in the case because it: (1) was procured by fraud; and (2) was not supported by valid consideration. Specifically, Plaintiff-Employee argued 1) that she had been fraudulently induced to sign the Waiver; and 2) that there was no consideration because she had personal insurance that would have covered the injuries. The Court found that Plaintiff-Employee failed to offer evidence sufficient to sustain either argument.