White v. Premium Velocity Auto LLC – 3:24-CV-2692-B – Mar 2, 2026
The federal district court denied the employer’s motion for summary judgment on claims for race discrimination, FMLA interference and retaliation, and Texas Labor Code § 451.001 workers’ compensation retaliation. The court held fact issues existed regarding whether the employer’s stated reason for termination was pretextual and whether the plaintiff could perform his job upon returning from leave. All claims were allowed to proceed to trial.
Bertel v. Elite Flowers – 3:24-CV-2381-S – Jun 3, 2025
The U.S. District Court, N.D. Texas denied the plaintiffs’ motion to remand, holding that their wrongful death and gross negligence claims did not arise under the Texas Workers’ Compensation Act (TWCA) and were therefore removable to federal court. Although the employer was a subscriber to workers’ compensation insurance, the court found that the TWCA’s gross negligence exception in Section 408.001(b) merely preserved a preexisting cause of action under the Texas Wrongful Death Act—it did not create a new claim arising under the TWCA. Consequently, the federal removal bar in 28 U.S.C. § 1445(c) did not apply.
Gonzalez-Perez v. Universal Chain of Texas, LLC – 3:24-CV-2121-D – May 7, 2025
Granting summary judgment, the Northern District of Texas dismissed Gerardo Gonzalez-Perez’s ADA and TCHRA discrimination, accommodation, and retaliation claims against Universal Chain of Texas, finding that he failed to raise a fact issue and that the company’s sole reason for discharge—his inability to verify a valid Social Security number—was lawful. The court noted that Gonzalez had already been given light-duty work after his forklift injury and that no evidence showed disability bias. While the opinion does not resolve a workers-compensation dispute, it arose from a compensable workplace injury and confirms that receiving Texas workers-comp benefits and modified duty does not insulate an employee from termination unrelated to the claim. Gonzalez’s medical benefits remain payable under workers’ compensation, but his employment-law claims tied to the injury are now permanently barred.
Wagnon v. Kroger Texas, LP – 762 F.Supp.3d 509 – Jan 8, 2025
The U.S. District Court for the Northern District of Texas remanded the non-subscriber case back to state court. The Court noted a split on whether these cases “arise under workers’ compensation laws of the state.” The Court further noted that “any ambiguities are construed against removal.”
Bowens v. Sweeping Corporation of America, LLC – 3:24-cv-178-BN – Jul 2, 2024
The U.S. District Court for the Northern District of Texas remanded the matter back to the state district court, from which it was removed. The Court noted that the Defendant-Employer had not met its heavy burden to demonstrate that there was no reasonable basis to predict that Plaintiff-Beneficiary might be able to recover under Texas law.
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.
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.
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.