In re Basic Energy Services, Inc. – 4:23-CV-02910 – Jan 15, 2026
The court granted summary judgment for the employer and liquidation trustee, disposing of all remaining claims. It held that tort claims arising from the work-related vehicle accident were barred by the Texas Workers’ Compensation Act’s exclusive-remedy scheme, and that the claimants failed to raise a fact issue that post-accident conduct by a supervisor caused any independent injury or supported employer liability under respondeat superior.
Rodriguez v. Frez-N-Stor, Inc. – H-23-cv-3944 – Jul 22, 2025
The US District Court for the Southern District of Texas granted summary judgment in favor of Americold, finding it was entitled to workers’ compensation immunity under Texas Labor Code § 408.001 because it was covered as an “alternate employer” on Luxor Staffing’s policy. However, the court denied summary judgment for Frez-N-Stor, holding that there were genuine factual disputes about whether its improper loading of cargo caused the accident that left Rodriguez paralyzed.
Alvarado v. Citgo Petroleum Corporation – 2:25-CV-00029 – Jul 3, 2025
The U.S. Court for the Southern District of Texas dismissed all of Alvarado’s claims against Citgo Petroleum Corporation, including those under the ADA, Texas Labor Code, and Texas Workers’ Compensation Act, because he was no longer an employee but an independent contractor. It also dismissed his Rehabilitation Act claim as both abandoned and insufficiently pleaded and denied his request to amend the complaint because any amendment would be futile. The court found that Citgo’s non-renewal of his consulting contract and refusal to submit Social Security paperwork did not support a plausible inference of discrimination.
In re Basic Energy Services, Inc. – 4:23-cv-02910 – Apr 30, 2025
The United States District Court S.D. (Houston) granted summary judgment in favor of the Liquidation Trustee for Basic Energy Services, dismissing all tort claims brought by Pedro and Angelina De La Rosa related to a workplace vehicle rollover. The court ruled that Pedro’s claims were barred by the Texas Workers’ Compensation Act’s exclusive remedy provision because he failed to plead or prove an intentional tort and instead alleged only gross negligence. Angelina De La Rosa’s derivative claims were also barred under the same provision. However, the court declined to dismiss claims related to post-accident conduct, including alleged interference with Pedro’s medical treatment, allowing those to proceed.
Canine v. Sam’s East, Inc. – 2:24-CV-00158 – Oct 4, 2024
The U.S. District Court for the S.D. of Texas granted Employer-Defendant’s Motion to Amend Notice of Removal and denied Employee-Plaintiff’s Motion for Remand. The Court found that that personal injury claims brought against nonsubscriber employers pursuant to the parameters of § 406.033 are modified by the Texas Workers’ Compensation Act but are not cases that arise under the Act.
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.
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.
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.