A federal district court in Texas held that a Texas employee’s civil action against his non-subscribing employer did not arise out of the Texas Workers’ Compensation Act (“TWCA”), in spite...
Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal Court Texas Employee’s Suit Against Non-Subscribing Employer Can Be Removed to Federal CourtThe U.S. District Court for the Southern District of West Virginia recently held that that the removal of plaintiff’s retaliatory discharge action that had been filed in state court was...
Federal Court Says Retaliatory Discharge Action May Not Be Removed Federal Court Says Retaliatory Discharge Action May Not Be RemovedThat a California employer and/or its workers’ compensation insurer might have a subrogation interest in the proceeds of any recovery in a third-party negligence action originally filed in a state...
California Employer/Insurer’s Right to Subrogation Does Not Bar Removal of Case to Federal District Court California Employer/Insurer’s Right to Subrogation Does Not Bar Removal of Case to Federal District CourtA retaliatory discharge action filed under 820 Ill. Comp. Stat. Ann. § 305/4(h)—part of the Illinois Workers’ Compensation Act—may not be removed from an Illinois trial court to a federal...
Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court Illinois Retaliatory Discharge Claim May Not Be Removed to Federal CourtOn Tuesday, a federal district court in Oklahoma, noting that claims arising under the workers’ compensation laws of any state are not removable under 28 U.S.C.A. § 1445(c), held that...
Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim