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This Memorandum and Order addresses a case removed from state court by the Defendant on June 23, 1994. The Plaintiff had originally filed a workers' compensation retaliation claim under article 8307c of the Texas Workers’ Compensation Act. A first amended original petition added a claim for wrongful termination due to refusing an illegal act, which the Defendant argued was preempted by ERISA, leading to removal. The Plaintiff moved to remand, to file a second amended complaint to delete the ERISA-related claim, and to dismiss the added claim. The Court, District Judge Kazen presiding, granted all of Plaintiff's motions, allowing the amendment, dismissing the disputed claim with prejudice, and remanding the case to the 111th Judicial District Court of Webb County, Texas, citing the strong policy against removal of workers' compensation cases and judicial discretion under Carnegie-Mellon University v. Cohill.
Hernandez v. Central Power & Light is a workers' compensation case decided in District Court, S.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. Texas.
Full Decision Text1 Pages
This Memorandum and Order addresses a case removed from state court by the Defendant on June 23, 1994. The Plaintiff had originally filed a workers' compensation retaliation claim under article 8307c of the Texas Workers’ Compensation Act. A first amended original petition added a claim for wrongful termination due to refusing an illegal act, which the Defendant argued was preempted by ERISA, leading to removal. The Plaintiff moved to remand, to file a second amended complaint to delete the ERISA-related claim, and to dismiss the added claim. The Court, District Judge Kazen presiding, granted all of Plaintiff's motions, allowing the amendment, dismissing the disputed claim with prejudice, and remanding the case to the 111th Judicial District Court of Webb County, Texas, citing the strong policy against removal of workers' compensation cases and judicial discretion under Carnegie-Mellon University v. Cohill.
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