Gibbins v. Hologic, Inc. – 1:25-CV-531-RP-DH – Dec 3, 2025
The federal magistrate judge recommended granting Hologic’s motion to dismiss in full and granting in part and denying in part Gatewood’s motion to dismiss. The court concluded that the plaintiff’s negligence-based and emotional distress claims were barred by statutory schemes, including the Texas Workers’ Compensation Act, to the extent they sought recovery for work-related injuries, and by the TCHRA where they duplicated workplace harassment remedies. Claims against Hologic were dismissed entirely, while claims against the individual supervisor for assault and defamation were allowed to proceed, as they were not preempted.
Sanders v. Power Ray, LLC – 25-CV-00292-DC-RCG
The magistrate judge recommended granting the employer’s motion to dismiss in full. The court dismissed the OSHA and Title VII retaliation claims with prejudice because OSHA’s § 660(c) provides no private right of action and the plaintiff failed to exhaust EEOC remedies for Title VII. The Texas Labor Code § 451.001 retaliation claim (a workers’ compensation anti-retaliation statute) was dismissed without prejudice because the plaintiff complained about safety but never alleged any workers’ compensation claim, proceeding, or testimony under Subtitle A of the Labor Code, which is required to invoke § 451.001.
Ordonez v. Rogers Electrical Service Corporation – SA-22-CV-01263-OLG – Oct 17, 2025
The court recommended granting summary judgment for the Rogers defendants, holding that the plaintiff’s negligence claims were barred by the exclusive-remedy provision of the Texas Workers’ Compensation Act. The evidence showed the plaintiff was a temporary or borrowed employee of Rogers Electrical Contractors, was covered by workers’ compensation insurance, and in fact received workers’ compensation benefits, making that remedy exclusive. As to Rogers Electrical Service Corporation, the court concluded it owed no legal duty because it did not control the plaintiff’s work or the premises where the injury occurred. Accordingly, all claims against the Rogers defendants were recommended for dismissal with prejudice.
Santiago v. Amazon.com Service LLC – 6:23-CV-00134 – Oct 15, 2024
The Magistrate for the U.S. District Court for the Western District of Texas recommended that the Defendant-Employer’s Motion to Dismiss for Lack of Subject Matter Jurisdiction be denied. The Court noted that the Motion to Dismiss relied on the presence of a defendant who was no longer a party to the suit.
Ace American Insurance Company v. Lerma – SA-23-CV-00539-JKP – Nov 13, 2023
The U.S. District Court for the Western District of Texas denied Defendant-Carrier’s Motion to dismiss regarding the “personal animosity” exception in nonsubscriber’s contract. The Court found differences between the language interpreted by the caselaw and the language in the contract.
Springman v. Diamondback E&P LLC – 23-CV-00014-DC-DF – Oct 4, 2023
The Magistrate for the U.S. District Court, Western District of Texas, recommended that Employee-Plaintiff’s Motion to Remand be DENIED because Defendant-Employer met its burden in showing federal question jurisdiction existed.
Camoco, LLC v. Leyva – 333 F.R.D. 603 – Nov 19, 2019
United States District Court, W.D. Texas, El Paso Division. CAMOCO, LLC, Plaintiff, v. Carlos LEYVA a/k/a AJ&I Construction Clean Up, Defendant. EP-18-CV-00279-DCG | Signed 11/19/2019 Attorneys & Firms *605 Andrew J. Mongelluzzi, Clearwater Business Law, LLC, Clearwater, FL, James Allen Martinez, Law Office of James Martinez, El Paso, TX, for Plaintiff. M. Mitchell Moss, Priscilla […]
Air Evac E.M.S., Inc. v. Sullivan – 331 F.Supp.3d 650 – Aug 2, 2018
United States District Court, W.D. Texas, Austin Division. AIR EVAC EMS, INC., Plaintiff, v. Kent SULLIVAN, in his official capacity as Texas Commissioner of Insurance, and Ryan Brannan, in his official capacity as Texas Commissioner of Workers’ Compensation, Defendants, and Texas Mutual Insurance Company, Liberty Mutual Insurance Company, Zenith Insurance Company, Hartford Underwriters Insurance Company, […]
Sentry Select Insurance Company v. Ruiz – 324 F.Supp.3d 874 – Jun 20, 2018
United States District Court, W.D. Texas, El Paso Division. SENTRY SELECT INSURANCE COMPANY, Plaintiff, v. Christian Ulises RUIZ; Rudolph Chevrolet, LLC; Rudolph Automotive, LLC d/b/a Rudolph Mazda; Marcelo Flores; and Lynn Crawford, Defendants. Christian Ulises Ruiz; Rudolph Chevrolet, LLC; Rudolph Automotive, LLC d/b/a Rudolph Mazda, Third–Party Plaintiffs, v. North American Capacity Insurance Company, Third–Party Defendant. […]
Gomez v. O’reilly Automotive Stores, Inc. – 283 F.Supp.3d 569 – Dec 19, 2017
United States District Court, W.D. Texas, El Paso Division. Maria GOMEZ, Plaintiff, v. O’REILLY AUTOMOTIVE STORES, INC., O’Reilly Automotive, Inc. d/b/a O’Reilly Auto Parts, Defendants. 3:17–CV–00284–KC | Signed December 19, 2017 Attorneys & Firms *570 Tiffany Nicole Joudi, Scherr & Legate, PLLC, El Paso, TX, for Plaintiff. Robert M. Estrada, Steven Joseph Blanco, Blanco Ordonez […]