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Plaintiff Robin Flowerette sued her former employer, Heartland Healthcare Center, in Texas state court for retaliatory termination after seeking worker's compensation and due to disability. The original petition referenced Texas Labor Code chapter 451. Plaintiff later amended her petition to include claims under the Americans With Disabilities Act (ADA) and the Employee Retirement Income Security Act (ERISA). Defendant removed the case to federal court, arguing federal claims were only introduced in the amended petition. Plaintiff moved to remand, contending the original petition, though not explicitly naming ADA or ERISA, contained claims federal in character. The court found that the original petition's allegations clearly implicated ADA and ERISA, making the defendant's notice of removal untimely. The motion to remand was granted, but the request for costs and attorney's fees was denied.
Flowerette v. Heartland Healthcare Center is a workers' compensation case decided in District Court, N.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, N.D. Texas.
Full Decision Text1 Pages
Plaintiff Robin Flowerette sued her former employer, Heartland Healthcare Center, in Texas state court for retaliatory termination after seeking worker's compensation and due to disability. The original petition referenced Texas Labor Code chapter 451. Plaintiff later amended her petition to include claims under the Americans With Disabilities Act (ADA) and the Employee Retirement Income Security Act (ERISA). Defendant removed the case to federal court, arguing federal claims were only introduced in the amended petition. Plaintiff moved to remand, contending the original petition, though not explicitly naming ADA or ERISA, contained claims federal in character. The court found that the original petition's allegations clearly implicated ADA and ERISA, making the defendant's notice of removal untimely. The motion to remand was granted, but the request for costs and attorney's fees was denied.
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