Noe Escamilla v. Shiel Sexton Company Inc. (54A01-1506-CT-602) While working at a construction site at which Shiel Sexton was the general contractor, Noe Escamilla sustained injuries that prevent him from obtaining future employment as a masonry laborer. He sued Shiel Sexton for lost future income. Shiel Sexton wishes to admit evidence of Escamilla's status as an immigrant and asserts that future wages should be limited to what Escamilla could make in Mexico. Escamilla argues that evidence of his immigration status would be more prejudicial than probative and that his lost income should be based on U.S. wages like those he has been making. The Scheduled Panel Members are: Judges Baker, May and Bradford. [Where: Court of Appeals courtroom (WEBCAST)]Yeah, that's the argument attorneys for Shiel Sexton will be making before the Indiana Court of Appeals on January 6 at 1:30 p.m.: evidence of his immigration status should be allowed to diminish his claim. Be sure to tune in and listen to the oral argument webcast live on the Internet by clicking here. You can bet none of the local media will pay attention to this case since the owners of Shiel Sexton are certified members of the downtown mafia that operates Indianapolis government as their personal profit center.
Hat tip to Indiana Law Blog.
8 comments:
The use of undocumented workers on government construction projects all over this state is the worst-kept secret. Their government bosses allow them to do it with a wink and a nod.
There has been for decades the idea among the Vampire Capitalists the action of outsourcing factories to the Third World. Bill Clinton and his Republicrat Allies in Congress passed NAFTA, and Permanent Normal Trade Relations with China.
So it was the next natural step in Vampire Capitalism that if you cannot export the jobs to the Third World, the Communist Dictatorship of China, then bring the Third World here. The last thing Corporate AmeriKa would want is tough action against immigrant labor. As long as the immigrant labor can be used and abused it is smooth sailing for Corporate AmeriKa.
Flogger: Your general point's well made- some labels however are misleading. It's the vampiric, immoral nature of statism / fascism that is the problem. Capitalism is a free market concept of the sovereign acting as equals in their best interest. The system which fueled the exodus of production from America is patently fascist / statist; a corrupt collusion of unions, business & government scam artists. Corrupted law, union & business operation is not free market capitalism- it's fee market statism.
Like trade winds & currents that circle the globe, corporate welfare recipients are running out of sphere, as the cost of statist graft & greed rises in other municipalities; in some cases bringing them full circle, for another round of treasury raiding.
I respectfully beg to differ, Pete. I have seen the exploitation of immigrants at a lot of different levels all the way from the statists/corporatists down to the sole proprietor running a landscaping business. I speak Spanish and am a friendly sort. I genuinely like Central Americans. They have shared some very interesting stories with me.
It's easy to blame the bogeymen, but this happens at all levels. When a nation abandons its moral underpinnings and chooses instead to follow the pirate's creed, this is what you get. That's the real problem. It has nothing to do with capitalism and, at the same time, everything to do with it.
Noe Escamilla has legal permission to be in this country and is eligible to work in the U.S. while his residency application is being processed. His wife is a U.S. citizen as are his three children. Shiel Sexton needs some work on their mission statement or is it if you can't go pro bono we'll step all over you?
Anon 3:47: Yes, understood- have Central Americans in our family who've been abused stateside by their own; straw bossing & taking unfair advantage of them, often on public projects... Statism is a system of deception, transacted on greed & corruption for those willing to pay dues or be a part of that wicked club. Charged / trusted with oversight; the government has abandoned morality in favor of fascism / statism.
Gary - Who is (are) the attorney(s) for the plaintiff in this case?
According to the online docket for Noe Escamilla v. Shiel Sexton Company, Inc., Case Number 54A01-1506-CT-00602:
7/24/2015
Notice of Appeal Filed
Attorney: Devereux, Timothy
Party: Escamilla, Noe
Certificate of Service-Mailed 07/24/15
9/14/2015 Order Issued
Judicial Officer: Vaidik, Nancy H.
Party: Indiana Trial Lawyers Association
Serve: Davis, Neil
Serve: Devereux, Timothy
Serve: Ladendorf, Daniel
Serve: Limontes, Alexander
Serve: Meils, Rick
Serve: Mervilde, John
Having reviewed the matter, the Court finds and orders as follows: 1. Indiana Trial Lawyer's Association's Motion for Leave of Court to Appeal as Amicus Curiae is Granted. 2. The Clerk of this Court is directed to file the tendered Amicus Curiae brief as of the date of this order. Bradford, Pyle, JJ., Barteau, Sr. J. concur.
https://publicaccess.courts.in.gov/docket/Search/Detail?casenumber=54A011506CT00602
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