Alvarado v. CITGO Petroleum Corporation – 25-40455 – Mar 4, 2026
The Fifth Circuit affirmed the dismissal of Alvarado’s claims against CITGO, holding that he failed to state any viable cause of action. The court concluded that his discrimination, retaliation, and workers’ compensation retaliation claims failed because he was an independent contractor—not an employee—during the relevant period, placing him outside the protection of those statutes. It also found that his Rehabilitation Act claim lacked sufficient factual allegations and was unsupported by the record. Additionally, the court noted that Alvarado effectively abandoned his claims by conceding key issues and failing to defend them in response to the motion to dismiss.
Rodriguez v. Blaine Larsen Farms, Incorporated – 22-10514 – Aug 5, 2025
The Fifth Circuit affirmed summary judgment in favor of Blaine Larsen Farms, holding that the estate of a deceased H-2A worker, Marco Galvan, could not recover under negligence, wrongful death, survival, or breach of contract claims. Although the Texas Division of Workers’ Compensation found the COVID-related death non-compensable under the TWCA, the court still found no viable claims due to lack of evidence of duty, breach, or causation. The court also rejected arguments under the Texas Pandemic Liability Protection Act and emphasized that derivative claims could not survive independently.
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.
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.
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.
Austin v. Kroger Texas, LP – 864 F.3d 326 – Apr 14, 2017
United States Court of Appeals, Fifth Circuit. Randy J. AUSTIN, Plaintiff-Appellant v. KROGER TEXAS, L.P., doing business as Kroger Store #209, Defendant-Appellee No. 16-10502 | Filed April 14, 2017 Attorneys & Firms Matthew J. Kita, Dallas, TX, for Plaintiff-Appellant Donna C. Peavler, Bryan Kyle Briscoe, Peavler Group, P.C., Grapevine, TX, Kimberly Paige Harris, Beasley, Hightower […]
Air Evac E.M.S., Incorporated v. Texas Department of Insurance, Division of Workers’ Compensation – 851 F.3d 507 – Mar 20, 2017
United States Court of Appeals, Fifth Circuit. AIR EVAC EMS, INCORPORATED, Plaintiff–Appellant v. State of TEXAS, DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION; David Mattax, Texas Commissioner of Insurance, in his official capacity; Ryan Brannan, Texas Commissioner of Workers’ Compensation, in his official capacity, Defendants–Appellees v. Texas Mutual Insurance Company; Liberty Mutual Insurance Company; Zenith […]
Burton v. Freescale Semiconductor, Inc. – 798 F.3d 222 – Aug 10, 2015
United States Court of Appeals, Fifth Circuit. Nicole BURTON, Plaintiff–Appellant v. FREESCALE SEMICONDUCTOR, INCORPORATED; Manpower of Texas, L.P.; Manpower, Incorporated; Transpersonnel, Incorporated, Defendants–Appellees. No. 14–50944 | Aug. 10, 2015. Attorneys & Firms *225 Kell Asher Simon, Attorney (argued), Law Offices of Kell A. Simon, Austin, TX, for Plaintiff–Appellant. Shafeeqa Watkins Giarratani, Attorney (argued), Adam Troy […]