Wilcox v. W.K.S. Restaurant Corporation – 6:25-CV-00299-JCB
Wilcox’s lawsuit partially survived dismissal. The court recommended dismissing his FMLA retaliation claim but allowed his ADA disability discrimination, failure-to-accommodate, and Texas workers’ compensation retaliation claims to proceed because he alleged sufficient facts to make those claims plausible. In particular, the court found that his allegations of termination shortly after reporting a workplace injury and filing a workers’ compensation claim were enough, at least for now, to suggest a causal connection.
George v. Amazon.com Services LLC – 4:24-CV-1063-SDJ – Nov 10, 2025
This federal case does not arise under the Texas Workers’ Compensation Act, but it is directly relevant to nonsubscriber injury claims because it enforces Amazon’s arbitration agreement contained in its Texas injury-benefit plan. The court held that the employee was not exempt from the Federal Arbitration Act’s transportation-worker exception, meaning his negligence lawsuit had to be sent to arbitration under the plan’s Mutual Agreement to Arbitrate.
Battle v. Matthews Nissan of Paris – 4:24-CV-00527 – Aug 22, 2025
The federal court recommended dismissal of the plaintiff’s claims without prejudice due to lack of subject-matter jurisdiction and failure to prosecute. The court found that the allegations, which referenced being denied workers’ compensation, arose under Texas state law and not federal law, and diversity jurisdiction was not established.
Rios-Hernandez v. Scanning Devices, Inc. – 5:23-CV-0005-JRG-JBB – May 15, 2025
A magistrate judge with the U.S. Eastern District Court of Texas recommended that the district court approve a revised settlement of this products-liability action, which stems from a 2021 workplace injury and includes a significant workers’ compensation lien. The agreement doubles each minor child’s recovery to $50,000, shields their shares from attorney fees, expenses, and the comp lien, and places the funds in structured annuities payable at ages 18, 21, and 25. It also resolves the workers’ compensation carrier’s multi-million-dollar subrogation claim at a reduced amount while preserving the claimant’s ongoing compensation benefits.
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.
Dugger v. Stephen F. Austin State University – 232 F.Supp.3d 938 – Feb 6, 2017
United States District Court, E.D. Texas, Marshall Division. Timothy DUGGER, Plaintiff, v. STEPHEN F. AUSTIN STATE UNIVERSITY, Defendant. Case No. 2:15–CV–1509–WCB | Signed 02/06/2017 Attorneys & Firms *941 John Edward Wall, Jr., Attorney at Law, Dallas, TX, for Plaintiff. Frank A. King, Office of the Attorney General—Administrative Law Division, Austin, TX, for Defendant. MEMORANDUM OPINION […]
Doss v. U.S. – 793 F.Supp.2d 859 – Mar 31, 2011
United States District Court, E.D. Texas, Texarkana Division. Tracy DOSS and Murice McCloskey, Plaintiff, v. UNITED STATES of America, Defendant. Civil Action No. 5:10–CV–39 | March 31, 2011. Attorneys & Firms *859 A. Paul Miller, Miller James Miller & Hornsby, Texarkana, TX, for Plaintiff. Robert Austin Wells, Thomas Edward Gibson, U.S. Attorney’s Office, Tyler, TX, […]
Cunningham v. Offshore Specialty Fabrications, Inc. – 543 F.Supp.2d 614 – Jan 30, 2008
United States District Court, E.D. Texas, Texarkana Division. Danny CUNNINGHAM, et al., Plaintiffs, v. OFFSHORE SPECIALTY FABRICATIONS, INC., et al., Defendants. Civil Action No. 5:04–CV–282. | Jan. 30, 2008. Attorneys & Firms *616 Edward Lewis Hohn, Nix, Patterson & Roach, LLP, Irving, TX, Francis I. Spagnoletti, Spagnoletti & Associates, Houston, TX, Howard W. Foster, Johnson […]
Rowan v. Zurich American Ins. Co. – 499 F.Supp.2d 704 – Aug 14, 2007
United States District Court, E.D. Texas, Tyler Division. Larry ROWAN, Plaintiff v. ZURICH AMERICAN INSURANCE COMPANY and Jo Evelyn Haussler, Defendants. No. 6:06CV547. | Aug. 14, 2007. Attorneys & Firms *705 Luke Frederick Bickham, Negem Bickham & Worthington, Tyler, TX, for Plaintiff. Melissa Nance Murrah, Kelly Smith & Murrah, Christopher Weldon Martin, Richard Andrew Schulz, […]
Tobias v. Davidson Plywood – 241 F.R.D. 590 – Mar 30, 2007
United States District Court, E.D. Texas, Lufkin Division. Thomas Shane TOBIAS, Plaintiff, v. DAVIDSON PLYWOOD, A Division of Do+Able Products, Inc., Defendant. Civil Action No. 9:06–CV–163. | March 30, 2007. Attorneys & Firms *590 Roger W. Anderson of Gillen & Anderson PC, Tyler, TX, for Plaintiff. Elizabeth Bonvillain Kamin of Strasburger & Price, Houston, TX, […]