Private Law Theory

ABSTRACT
While largely unknown, the Indiana Supreme Court’s 2017 opinion Escamilla v Shiel Sexton Co deserves to be canonized for closely examining – and, ultimately, rejecting – the incursion of federal immigration law and policy into state tort law. For over two decades, state and federal courts have relied on the United States Supreme Court’s 2002 ruling in Hoffman Plastic Compounds v NLRB, to deny future lost wages awards to successful tort claimants who lack documentation. Escamilla reveals the faulty logic underlying this caselaw and provides a clear and straightforward framework for future courts to employ when faced with this issue. Ultimately, Escamilla demonstrates why plaintiffs’ undocumented status, alone, is insufficient to allow tortfeasors to escape paying tort victims what often amounts to substantial damages. In doing so, Escamilla fortifies the compensation and deterrence functions of tort law.

Shefali Milczarek-Desai, Disentangling Immigration Policy From Tort Claims for Future Lost Wages, Journal of Tort Law, volume 16, issue 2. Published by De Gruyter 28 February 2024.