Ellis v. Trustmark Builders, Inc.
2010 U.S. App. LEXIS 22453
| 5th Cir. | 2010Background
- Ellis was injured in February 2003 on a Mississippi construction site while working for an Alabama subcontractor; the project was managed by Alabama entities Landings Associates, Ltd., the Mitchell Company, and Trustmark Builders, Inc.
- Ellis’s employer Stevens, an Alabama subcontractor, maintained Alabama workers’ compensation insurance through Liberty Mutual to cover employees working out of state, including Ellis.
- Ellis received Alabama workers’ compensation benefits; he then sued Trustmark and related entities in federal court in Mississippi for tort damages.
- The district court applied Mississippi choice-of-law rules and Mississippi workers’ compensation law, concluding the Mississippi scheme barred the tort claims.
- On appeal, the Fifth Circuit instructed that Mississippi choice-of-law rules must direct the court to Mississippi law before applying § 71-3-109(3); the remand court again concluded Mississippi law applied and was a bar, prompting this decision.
- The court ultimately reversed, holding that Alabama’s workers’ compensation scheme governs the case, and remanded for proceedings consistent with Alabama law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which state's workers' compensation law governs the claims? | Ellis argues Mississippi law governs per choice-of-law rules. | Defendants contend Alabama law governs under Restatement §145 and related contacts. | Alabama law governs; Mississippi law does not apply. |
Key Cases Cited
- McDaniel v. Ritter, 556 So.2d 303 (Miss. 1989) (trust-related choice-of-law factors for workers' compensation)
- Duhon v. Union Pac. Resources Co., 43 F.3d 1011 (5th Cir.1995) (totality of circumstances in most-significant-relationship analysis)
- Carriere v. Chandeleur Energy Corp., 1994 WL 708709 (5th Cir. 1994) (interests analysis in choice of law for tort/waivers)
- Hartford Underwriters Ins. Co. v. Foundation Health Servs., 524 F.3d 588 (5th Cir. 2008) (Restatement §6, §145 framework for conflicts)
- Allison v. ITE Imperial Corp., 928 F.2d 137 (5th Cir. 1991) (choice-of-law in forum state context)
- Salyer v. Mason Techs., Inc., 690 So.2d 1183 (Miss. 1997) (Mississippi workers' compensation immunities)
- Brown v. Estess, 374 So.2d 241 (Miss. 1979) (the exclusive remedy policy of Mississippi workers' comp)
- Mitchell v. Craft, 211 So.2d 509 (Miss.1968) (Mitchell-Craft framework for when injury site doesn't control law)
- Estate of Blanton, 824 So.2d 558 (Miss.2002) (Restatement approach to conflicts in estate/causes)