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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
Feb 29, 2012

House v. Commissioner of Social Security

Plaintiff Sheryl L. House sought judicial review of the Commissioner of Social Security's denial of her disability insurance benefits application. A Magistrate Judge issued a Report and Recommendation, concluding that the Administrative Law Judge's decision finding Plaintiff not disabled was supported by substantial evidence. The Magistrate Judge recommended granting the Commissioner's motion for judgment on the pleadings and denying Plaintiff's similar motion. The District Judge adopted this Report and Recommendation in its entirety, thus upholding the denial of disability benefits.

Disability BenefitsSocial Security ActAdministrative Law JudgeResidual Functional CapacityTreating Physician's RuleMedical-Vocational GuidelinesCredibility AssessmentPhysical ImpairmentsJudicial ReviewMotion for Judgment on Pleadings
References
54
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
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
Aug 18, 1995

Miller v. Chater

Plaintiff initiated this action to seek review of the Secretary of Health and Human Services' decision establishing June 1, 1992, as the onset date for Supplemental Security Income (SSI) benefits due to alleged disability from mental retardation. Magistrate Judge Carol E. Heckman issued a Report and Recommendation, advising denial of the Secretary's motion for judgment on the pleadings and remand for reconsideration. The Magistrate Judge found errors in the Administrative Law Judge's (ALJ) assessment of the plaintiff's functional limitations, particularly regarding social domain, and noted the ALJ's failure to consider the retroactivity inference from the Zebley class action stipulation. District Judge Arcara reviewed the Report and Recommendation, and with no objections filed, adopted its findings. Consequently, the defendant's motion for judgment on the pleadings was denied, and the case was remanded to the Secretary for further reconsideration, emphasizing a misapplication of post-Zebley requirements for adjudicating children’s SSI benefits claims.

Supplemental Security Income (SSI)Disability BenefitsMental RetardationChild Disability ClaimsAdministrative ReviewSocial Security ActAge-appropriate functioningMedical EvidenceFunctional LimitationsOnset Date
References
12
Case No. MISSING
Regular Panel Decision
Aug 14, 2013

Chiari v. New York Racing Ass'n

Plaintiff Luis Alberto Chiari filed an action against the New York Racing Association (NYRA) and Local Union 3, I.B.E.W., alleging violations of COBRA, ADA, and LMRA stemming from his employment termination. Magistrate Judge A. Kathleen Tomlinson issued a Report and Recommendation, advising that the defendants' motions for summary judgment be granted and all of the plaintiff's claims be dismissed. District Judge Feuerstein reviewed the plaintiff's objections to this report. Finding the objections to be either reiterations of prior arguments or insufficiently specific, and discerning no clear error in the Magistrate Judge's findings, the Court adopted the Report and Recommendation in its entirety, thereby granting summary judgment to the defendants and dismissing all of Chiari's claims with prejudice.

Employment LawDiscriminationSummary JudgmentCOBRA ViolationsADA ClaimsLMRA ClaimsBreach of Collective Bargaining AgreementDuty of Fair RepresentationPro Se PlaintiffTermination
References
81
Case No. MISSING
Regular Panel Decision
Feb 21, 2006

Rivera v. Barnhart

Plaintiff Russell Rivera, Jr. challenged the Commissioner of Social Security's decision denying him Supplemental Security Income (SSI) benefits. The case was referred to Magistrate Judge Frank Maas, who issued a Report and Recommendation to remand the action for further administrative proceedings, citing deficiencies in the plaintiff's hearing. After defendant objected to a time limit, an Amended Report and Recommendation was issued, omitting the disputed time limitation. District Judge Richard J. Holwell, finding no clear error, adopted the Amended Report in its entirety, granting the Commissioner’s motion. The court's decision was based on the Administrative Law Judge's failure to fully develop the administrative record and adequately consider the treating physician’s opinion, Dr. Asbury, whose findings differed from a nonexamining medical consultant.

Social Security BenefitsSupplemental Security IncomeDisability DeterminationAdministrative Law Judge (ALJ) ReviewRemand OrderTreating Physician RuleMedical AssessmentHIV/AIDS ImpairmentHepatitis C DiagnosisProcedural Error
References
15
Case No. MISSING
Regular Panel Decision

White v. Orange Auto Center

Plaintiff White, a 63-year-old former service manager with a visual impairment, sued his previous employer, Orange Auto Center, his former supervisor, Clay Higgins, and their parent firms, E.T.Entities, alleging employment discrimination under the Americans With Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA), along with state tort claims. Defendants moved for summary judgment, contending that White's vision was not a protected disability due to mitigating measures and that his position was eliminated, not replaced, negating the age discrimination claim. Magistrate Judge Hines recommended denying the motion, finding genuine issues of material fact regarding whether White's vision substantially limited major life activities even with aids, and whether his termination was age-discriminatory given evidence of replacement by younger employees and age-related remarks. District Judge Heartfield adopted this report and recommendation, thereby denying the defendants' motion for summary judgment and allowing White's claims to proceed. The case highlights the nuanced interpretation of 'disability' under the ADA and the burden-shifting analysis in age discrimination cases.

DiscriminationAge DiscriminationDisability DiscriminationADAADEASummary JudgmentEmployment LawFederal CourtTexasMagistrate Judge
References
33
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
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
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