Legal Opinion
Trevino v. Ramos
Court of Appeals for the Fifth Circuit
Decided December 7, 1999No. 97-41493PublishedCited by 19 opinions
1Opinion of the Court
ROBERT M. PARKER, Circuit Judge:
Plaintiffs appeal the district court’s denial of their motion to remand. Because plaintiffs’ claim for retaliatory discharge is not pre-empted by federal law and because 28 U.S.C. § 1445(c) (1994) precludes removal of claims arising under the workers’ compensation laws of any state, we find that the district court erred in denying plaintiffs’ motion to remand. REVERSED.
I. FACTUAL HISTORY AND PROCEEDINGS BELOW.
Plaintiffs’ 2 complaint alleges that they were discharged for exercising their rights under the Texas Workers’ Compensation Act. Defendant counters that…
2Cases cited11 opinions
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
- Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers v. Lucas Flour Co.Supreme Court of the United States · 1962
- Livadas v. BradshawSupreme Court of the United States · 1994
- Continental Coffee Products Co. v. CazarezTexas Supreme Court · 1997
- Sherrod v. American Airlines, Inc.Court of Appeals for the Fifth Circuit · 1998
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Nicole Burton v. Freescale Semiconductor, Inc., etCourt of Appeals for the Fifth Circuit · 2015
- West v. MAINTENANCE TOOL & SUPPLY CO., INC., Texas Court of Appeals, 13th District2002
- Bratton v. Starwood Hotels & Resorts Worldwide, Inc.District Court, District of Columbia · 2014
- Figueroa v. Healthmark Partners, L.L.C.District Court, S.D. Texas · 2000
- Russell v. Wendy's International, Inc., Texas Court of Appeals, 5th District (Dallas)2007
14 more not listed; retrieve them via the Exa API.