Federal immigration law does not clearly pre-empt a New York law allowing undocumented workers to recover lost U.S. earnings where the award is not a “direct and positive obstacle” to the law’s objectives, the 2nd U.S. Circuit Court of Appeals has ruled.
The circuit upheld a jury verdict in favor of Jose Raimondo Madeira, finding that compensatory damages for personal injury under New York’s Scaffold Law was not pre-empted by the Immigration Reform and Control Act of 1986.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
