Garcia v. Schneider Energy Services, Inc.

T1 I respectfully dissent. The United States Supreme Court's ruling in Schiavone v. Fortune, 477 U.S. 21, 106 S.Ct. 2379, 91 L.Ed.2d 18 (1986), decided after Dillingham, convinces me that our decision in Dillingham was erroneous and should be overruled.1 The majority reaffirms Dillingham without acknowledging that the U.S. Supreme Court has since repudiated the federal case law we relied on in deciding that case. Maj. op. T15. The majority concludes that our reasoning in Dillingham is consistent with the rationale behind the current amended FRCP. 15(c). Maj. op. 114. Yet in so *118doing, it…