Legal Opinion
Noe Escamilla v. Shiel Sexton Company, Inc.
Indiana Supreme Court
Decided May 4, 2017No. 54S01-1610-CT-546PublishedCited by 9 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 54A01-1506-CT-602
Rush, Chief Justice.
Indiana’s tort trials should be about mailing injured parties whole—not about federal immigration policies and laws. Today we address two important issues of first impression: May an unauthorized immigrant sue for decreased earning capacity damages in a tort action? And if so, is that plaintiffs unauthorized immigration status admissible at trial?
We first hold that the Indiana Constitution’s Open Courts Clause allows unauthorized immigrants to pursue claims for decreased earning capacity…
2Cases cited47 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Plyler v. DoeSupreme Court of the United States · 1982
- Arizona v. United StatesSupreme Court of the United States · 2012
- Hoffman Plastic Compounds, Inc. v. National Labor Relations BoardSupreme Court of the United States · 2002
- State of Texas v. USACourt of Appeals for the Fifth Circuit · 2015
42 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Summer Snow v. State of IndianaIndiana Supreme Court · 2017
- State v. Sanchez-MedinaSupreme Court of New Jersey · 2018
- Heath Poortenga v. State of IndianaIndiana Court of Appeals · 2018
- Crawfordsville Town & Country Home Center, Inc. v. Odilon Elias Cordova, Jamie Busse, and Do It Best CorpIndiana Court of Appeals · 2019
- Jennifer Pennington v. Memorial Hospital of South Bend, Inc.Indiana Supreme Court · 2024
4 more not listed; retrieve them via the Exa API.