Abstact

I am going to try and post the Abstract for the paper I just posted (that post seems to have some HTML problems right now).

                J.S. BHANDARI^*

                                                                       March 2006

ABSTRACT: This short paper examines the compensatory tort remedies that may be available to undocumented aliens (irregular migrants) under state accident law pertaining to injury or wrongful death. Data suggest that there may be a large number of such cases, at least potentially, and an increasing number of such cases have in fact, been brought recently. The paper shows that both prior to and after a controversial and possibly unrelated US Supreme Court decision, state and federal diversity courts in several jurisdictions have rendered a dismaying array of improperly-reasoned decisions. In one section of the paper, I discuss a particularly curious and sophistical decision in

Florida

. I also discuss a decision issued a few weeks ago the state’s highest court in

New York

, which very modestly and incompletely clarifies a chain of prior inconsistent decisions. Another state court of last resort may however, have encroached upon a federally-preempted area. The heart of the paper is the influence of the nation’s immigration policies (especially with respect to employer sanctions) over traditional state remedies for accidental injuries that may be experienced by the large class of potential claimants identified above.