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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Milan Express Co. v. Applied Underwriters Captive Risk Assurance Co.

The Chief Judge reviewed objections to a Magistrate Judge's order concerning arbitration and venue. The Magistrate Judge had previously granted Milan Express Co., Inc.'s motion to stop arbitration and denied Applied Underwriters Captive Risk Assurance Company, Inc.'s motions to compel arbitration and transfer venue. The Chief Judge conducted a de novo review and upheld the Magistrate Judge's findings. The arbitration clause was deemed invalid under Nebraska law, as the Reinsurance Participation Agreement (RPA) related to an insurance policy but did not fall under the exception for contracts between insurance companies. The motion to transfer venue was also denied, with the court emphasizing the convenience of witnesses in Tennessee over the contractual forum-selection clause. The court ultimately adopted the magistrate judge's decisions.

Arbitration Agreement ValidityForum Selection Clause EnforceabilityMotion to Compel ArbitrationMotion to Stay ArbitrationTransfer of VenueNebraska Statutory InterpretationFederal Arbitration Act ApplicationReinsurance Contract AnalysisEquitable Estoppel DoctrineWaiver of Rights
References
49
Case No. MISSING
Regular Panel Decision

Parrott v. Commissioner SSA

The plaintiff sought judicial review of the Commissioner of the Social Security Administration's decision denying disability benefits. The defendant moved to dismiss the complaint, arguing it was not timely filed. The Magistrate Judge recommended granting the motion to dismiss, concluding the complaint was untimely. The plaintiff filed objections, introducing a new theory of constructive possession of the complaint by the clerk. The District Court, after de novo review, overruled the plaintiff's objections, citing the impropriety of raising new legal theories before the district judge that were not presented to the magistrate judge. Consequently, the court adopted the Magistrate Judge's report and granted the defendant's motion to dismiss.

Social Security DisabilityJudicial ReviewMotion to DismissTimelinessFiling DeadlinesMagistrate Judge RecommendationsObjections to ReportDe Novo ReviewConstructive PossessionFederal Procedure
References
13
Case No. MISSING
Regular Panel Decision
May 22, 1995

Johnson v. City of Port Arthur

Glenn C. Johnson, a former employee of the City of Port Arthur, sought in forma pauperis status and appointment of counsel for a proposed ADA suit against his ex-employer after being terminated due to a disability. He suffered rhabdomy-dosis and could no longer perform strenuous tasks, leading to his termination. The City claimed inability to accommodate due to a lack of light-duty positions and budget cuts. The Magistrate Judge recommended granting the in forma pauperis motion due to Johnson's financial hardship and diligent efforts to secure counsel, but denying appointment of counsel, finding his ADA claim lacked a substantial probability of success. The Magistrate Judge reasoned that changing a laborer to light-duty was not a 'reasonable accommodation' under the ADA. The District Judge adopted the Magistrate Judge's report and recommendation, granting in forma pauperis status, denying appointment of counsel, and allowing Johnson until July 31, 1995, to file his Title VII complaint.

ADAAmericans With Disabilities ActIn Forma PauperisAppointment of CounselDisability DiscriminationEmployment LawReasonable AccommodationUndue HardshipEEOCMagistrate Judge Report
References
21
Case No. MISSING
Regular Panel Decision

Hansbrough v. Titlemax of Tennessee, Inc.

Plaintiff Sharon Hansbrough sued her former employer, TitleMax of Tennessee, alleging age discrimination in denying promotions and termination of employment. The Magistrate Judge, Tu M. Pham, recommended granting TitleMax's motion for summary judgment, finding that Hansbrough failed to establish a prima facie case of age discrimination for both claims. Hansbrough filed objections, which the District Judge, S. Thomas Anderson, found to be non-specific reassertions of facts already in the record. Consequently, the District Judge adopted the Magistrate Judge's Report and Recommendation, thereby granting summary judgment in favor of TitleMax. The decision highlighted Hansbrough's failure to properly apply for promotions and her inability to demonstrate that similarly situated, non-protected employees were treated more favorably in the context of her termination.

Age DiscriminationSummary JudgmentEmployment LawFailure to PromoteTerminationPrima Facie CaseMcDonnell Douglas FrameworkCircumstantial EvidenceObjections to Magistrate ReportFederal Civil Procedure
References
38
Case No. MISSING
Regular Panel Decision
May 23, 1997

Riley v. Champion International Corp.

This case involves a lawsuit brought by Charles and Helen Riley against Champion International Corporation. Charles Riley, an independent logging contractor, contracted Lyme disease from a tick bite on Champion's property. Plaintiffs alleged negligence, gross negligence, negligent misrepresentation, and breach of contract for Champion's failure to warn about Lyme disease, and Helen Riley claimed loss of consortium and household services. The Magistrate Judge recommended granting summary judgment on most tort claims but denying it for breach of contract. The Chief Judge adopted parts of this, affirming summary judgment on premises liability and misrepresentation negligence claims. However, the Chief Judge overruled the Magistrate Judge's conclusion on the "increased risk of harm" prong of Restatement (Second) of Torts § 323, finding a genuine issue of material fact as to whether Champion's failure to provide safety information increased the risk of developing a chronic Lyme infection. Consequently, claims for breach of contract, negligent performance, gross negligence, loss of consortium, loss of household services, and punitive damages were revived for trial.

NegligenceBreach of ContractSummary JudgmentPremises LiabilityLyme DiseaseIndependent ContractorDuty to WarnAssumed DutyGross NegligenceLoss of Consortium
References
13
Case No. MISSING
Regular Panel Decision
Jul 21, 2013

Bullard v. Texas Department of Aging & Disability Services

Teresa Bullard, proceeding pro se, filed a lawsuit alleging retaliation, HIPAA, FMLA, and age discrimination against her former employer, the Texas Department of Aging & Disability (DADS), and two individuals, Lance Duckworth and Velvet Archield. The defendants filed a motion to dismiss. The Magistrate Judge recommended that the claims be dismissed with prejudice, finding that the ADEA and FMLA claims were barred by Eleventh Amendment immunity, there is no private cause of action under HIPAA, and the retaliation claim lacked sufficient factual allegations. The District Judge adopted the Magistrate Judge's report and recommendation, granting the motion to dismiss and dismissing all claims with prejudice.

Pro SeMotion to DismissEleventh Amendment ImmunityADEA ClaimFMLA ClaimHIPAA ViolationRetaliation ClaimAge DiscriminationDisability DiscriminationSubject Matter Jurisdiction
References
26
Case No. MISSING
Regular Panel Decision

Eddins v. Excelsior Independent School District

These consolidated actions address whether the court should exercise supplemental jurisdiction over state law tort claims stemming from a dispute over the educational rights of two children, Mary W. and Christy McD. The Magistrate Judge recommended declining supplemental jurisdiction, citing the lack of a common nucleus of operative facts between the federal claim (42 U.S.C. § 1983 action for enforcing administrative orders) and the state law tort claims, and the predominance of state law claims. District Judge Hannah conducted a de novo review, affirmed these findings, and adopted the Magistrate Judge's report, thereby overruling plaintiffs' objections and declining supplemental jurisdiction over the state tort claims.

Supplemental JurisdictionState Law ClaimsTort ClaimsFederal ClaimsEducational RightsDisability LawSection 1983Magistrate Judge ReportDe Novo ReviewJudicial Discretion
References
17
Case No. MISSING
Regular Panel Decision

Reado v. Texas General Land Office

Plaintiff, a former employee of the Texas General Land Office, filed a lawsuit alleging race and age discrimination under Title VII and the ADEA following his termination. He also sought to proceed in forma pauperis and requested appointment of counsel. Magistrate Judge Earl S. Hines recommended granting the in forma pauperis motion but denying the request for counsel. After plaintiff objected, District Judge Cobb conducted a de novo review, overruled the objections, adopted the magistrate judge's report, and consequently granted the in forma pauperis motion while denying the motion for appointment of counsel.

Employment DiscriminationAge Discrimination in Employment Act (ADEA)Title VII Civil Rights ActIn Forma Pauperis MotionAppointment of Counsel DenialMagistrate Judge RecommendationDe Novo ReviewObjections OverruledDiscretionary Appointment of CounselSufficiency of Evidence
References
21
Case No. MISSING
Regular Panel Decision
Oct 20, 1994

Tatum v. Community Bank

Brenda Tatum, proceeding pro se, filed a motion for in forma pauperis status and appointment of counsel in a proposed Title VII racial discrimination suit against her former employer, Community Bank. Magistrate Judge Earl S. Hines recommended granting in forma pauperis but denying counsel, citing a lack of a meritorious claim despite Tatum establishing a prima facie case. Tatum filed objections, arguing that the employer's stated reasons for her termination were a pretext for racial discrimination. District Judge Joe J. Fisher conducted a de novo review, adopting the magistrate judge's report and overruling Tatum's objections. The court granted Tatum's motion to proceed in forma pauperis but denied her request for appointed counsel, concluding that her subjective beliefs and speculative allegations were insufficient to demonstrate a reasonable likelihood of success or prove discriminatory intent.

Racial DiscriminationEmployment LawTitle VIIIn Forma PauperisAppointment of CounselPro Se LitigantPrima Facie CasePretextDisparate TreatmentMagistrate Judge Report
References
22
Case No. MISSING
Regular Panel Decision

Myer v. Callahan

The case involves pro se plaintiff Turner Myer III seeking judicial review of a Social Security Administration (SSA) decision denying disability benefits. The defendant, SSA, moved to dismiss due to untimely filing. The Magistrate Judge recommended granting dismissal because Myer failed to file within the statutory period, didn't request an extension, and equitable tolling was deemed inapplicable. The District Court reviewed Myer's objections to this recommendation, finding them without merit. The court concluded that Myer's previous attempts to file in other district courts did not justify equitable tolling due to his subsequent inaction and the absence of court misconduct or threats. Consequently, the District Court overruled Myer's objections, adopted the Magistrate Judge's report, and granted the defendant's motion for summary judgment.

Disability BenefitsSocial SecurityEquitable TollingUntimely FilingSummary JudgmentPro Se LitigantPrisoner LitigationFifth CircuitMagistrate Judge ReportDistrict Court Order
References
34
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