Legal Opinion
Garcia v. Rainbo Baking Co. of Houston
District Court, S.D. Texas
Decided August 28, 1997No. Civ. A. H-96-2276PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
ATLAS, District Judge.
Plaintiff Rafaela Garcia (“Plaintiff’ or “Garcia”) has brought this suit alleging that Defendant Rainbo Baking Company of Houston (“Defendant” or “Rainbo”) violated Texas Labor Code § 451 by retaliating against her after she filed a workers’ compensation claim. Defendant has filed Motion for Summary Judgment [Doc. # 20] (“Motion”), arguing that Plaintiffs Section 451 claim is preempted by the Labor Management Relations Act (“LMRA”) and that there is no genuine issue of material fact on the claim.
For the reasons stated herein, the Court holds that,…
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- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
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