Brooks v. Wireless One, Inc.

2 Citing cases

  1. Dillard's, Inc. v. Gallups

    58 So. 3d 196 (Ala. Civ. App. 2010)   Cited 4 times

    In its detailed order, the trial court relied in large part on federal district court cases holding that retaliatory-discharge claims arise under the Alabama Workers' Compensation Act for purposes of determining whether actions containing such claims can be removed to federal court pursuant to 28 U.S.C. § 1445(c), which prohibits removal to the federal courts of "[a] civil action in any State court arising under the workmen's compensation laws of such State." See, e.g., Reed v. Heil Co., 206 F.3d 1055 (11th Cir. 2000); Brooks v. Wireless One, Inc., 43 F.Supp.2d 1294 (M.D.Ala. 1999); and Subra v. CMS Therapies, Inc., 900 F.Supp. 407 (M.D.Ala. 1995). The trial court also relied on cases involving releases signed in workers' compensation actions, which releases have been construed to preclude a subsequent retaliatory-discharge action arising out of the workers' compensation claim giving rise to the release.

  2. Burdeshaw v. Sara Lee Corp.

    CIVIL ACTION NO. 1:07-CV-283-WHA (WO) (M.D. Ala. Jun. 22, 2007)

    See ALA. CODE § 25-5-31 (providing a cause of action to recover for personal injury or death by an accident arising out of and in the course of employment); ALA. CODE § 25-5-11.1 (providing a cause of action for unlawful termination of employees solely because the employee has instituted an action against the employer to recover workers' compensation benefits); see also Brooks v. Wireless One, Inc., 42 F. Supp. 2d 1294, 1296 n. 3 (M.D. Ala. 1999) (providing a survey of cases in the Middle and Southern Districts of Alabama where the courts have found that claims for retaliatory discharge brought pursuant to ALA. CODE § 25-5-11.1 arise under workers' compensation laws and may not be removed).