DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
031934P.pdf 04/29/2004 Pilgrim's Pride v. Simmons Mill
U.S. Court of Appeals Case No: 03-1934
Western District of Arkansas
Civil Case - diversity. Employer's third-party complaint for
indemnification after employee was injured and paid workers
compensation benefits was properly dismissed under Texas law. District
court properly applied five-factor approach to deciding choice-of-law
question and in determining Texas law applied. Under Texas law,
indemnification is forbidden absent a pre-existing written agreement and
none was present in this case. [PUBLISHED] [Bowman, Author]