United States Fidelity & Guaranty Co. v. McKeithen

EDITH H. JONES, Circuit Judge:

Plaintiffs, United States Fidelity & Guaranty Company and various other private insurance companies, appeal the district court’s summary judgment upholding a Louisiana statute that altered the funding formula for the Louisiana Workers’ Compensation Second Injury Fund. Because, as applied to the plaintiffs, the statute in question violates the Takings Clause of the United States Constitution, we REVERSE the judgment and REMAND for further proceedings.

I. BACKGROUND

In 1974, the Louisiana legislature established the Workers’ Compensation Second Injury Fund (“SIF”).…