Indiana high court: Immigration status inadmissible at trial
U.S. Court News
The immigration status of a Mexican native who is suing over lost wages in a workplace injury case should not be considered at trial because it can cause unfair prejudice, the Indiana Supreme Court has ruled.
The state's high court reversed a lower court ruling that the immigration status of Noe Escamilla was admissible in his lawsuit against an Indianapolis construction company. Escamilla, who entered the U.S. illegally from Mexico with his parents at age 15, married a U.S. citizen and has three children who are also American citizens, his attorney has said.
"Indiana's tort trials should be about making injured parties whole — not about federal immigration policies and laws," the high court said in a 5-0 ruling written by Chief Justice Loretta Rush and issued Thursday.
Escamilla sued Shiel Sexton Co. Inc. for lost future wages after he slipped on ice in 2010 and severely injured his back while helping to lift a heavy masonry capstone at Wabash College in Crawfordsville. Court documents say a doctor found Escamilla's injury left him unable to lift more than 20 pounds, effectively ending his career as a masonry laborer.
Because Escamilla is a lawful resident of Mexico, Shiel Sexton argued that any lost wages he is able to claim should be based on the rate of pay available in Mexico, and not U.S. wages. A Montgomery County trial court ruled in Shiel Sexton's favor, finding that two witnesses who reviewed Escamilla's U.S. tax returns could not testify about his lost earnings and that his immigration status could be entered as evidence.
Related listings
-
Supreme Court says cities can sue banks under anti-bias law
U.S. Court News 05/03/2017The Supreme Court ruled Monday that cities may sue banks under the federal anti-discrimination in housing law, but said those lawsuits must tie claims about predatory lending practices among minority customers directly to declines in property taxes. ...
-
Judge W. Brent Powell Appointed to Missouri Supreme Court
U.S. Court News 05/01/2017Jackson County Circuit Judge W. Brent Powell was appointed Tuesday to the Missouri Supreme Court, marking the first high-profile judicial selection by new Republican Gov. Eric Greitens. Powell will replace former Judge Richard Teitelman, who died in ...
-
4th Arkansas inmate executed in 8 days lurches on gurney
U.S. Court News 04/23/2017Arkansas executed its fourth inmate in eight days Thursday night, wrapping up an accelerated schedule with a lethal injection that left the prisoner lurching and convulsing 20 times before he died. Kenneth Williams, 38, was pronounced dead at 11:05 p...
New York Adoption, Foster Care Litigation and Family Law
Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City, the surrounding counties in southern New York State, and in New Jersey, in the areas of adoption, foster care litigation, and family law.
We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption. Our goal is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through preparation and attention to detail. For over 35 years, our attorneys have represented adoptive parents, birth parents, foster parents, children, foster care agencies, and adoption agencies. We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption.
Our goal for our lawyers is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through our preparation and attention to detail.