Dustin Wright v. Excel Paralubes

The very nature of an Erie guess means that one cannot disagree with certitude. *737The majority opinion provides reasoned arguments for why the Supreme Court of Louisiana might rule in favor of Excel’s position if it ever confronts this situation. But one thing is certain. As the majority opinion recognizes, it is extending statutory employer status beyond what any Louisiana state court has ever recognized. No case prior to this one has assigned such status to a party that is neither “mentioned in the written services contract [n]or listed as a subsidiary or affiliate in it.” Maj. Op. at 735.…