You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Fred Hager v. National Union Electric Co. D/B/A the Kent Company

Citations: 854 F.2d 259; 1988 U.S. App. LEXIS 11456; 1988 WL 86519Docket: 87-2673

Court: Court of Appeals for the Seventh Circuit; August 12, 1988; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by Fred Hager against a district court's summary judgment in favor of National Union Electric Company regarding a retaliatory discharge claim. Hager, a regional sales manager, was terminated in 1985 and claimed his dismissal was due to his refusal to engage in illegal price discrimination. The district court applied New York law, which does not recognize retaliatory discharge as a tort, based on the lex loci delicti principle that indicates the law of the state where the injury occurred governs, as Hager's income loss was primarily from New York sales. Hager contended that the court misapplied the choice of law rules by not considering where the last act necessary for liability occurred, which could be Indiana or New Jersey, or that Connecticut law should apply since his wages were received there. The appellate court vacated the judgment and remanded for reconsideration in light of the Indiana Supreme Court's clarification in Hubbard Manufacturing Co. v. Greeson, which emphasized the significance of the last event necessary for liability and allowed consideration of other factors if the tort's location had minimal connection. The case underscores the complexities of choice of law in multi-state tort cases and the need for careful application of Indiana's lex loci delicti rule.

Legal Issues Addressed

Application of Lex Loci Delicti in Tort Cases

Application: The court used Indiana's choice of law rules, applying the law from the state where the injury occurred, which in this case was New York, as the plaintiff's commissions were primarily derived from sales there.

Reasoning: The district court, following Indiana choice of law rules, applied the lex loci delicti principle, determining that the applicable law is from the state where the tort was committed or the injury occurred.

Choice of Law in Retaliatory Discharge Claims

Application: The district court applied New York law, which does not recognize retaliatory discharge as a tort, because the plaintiff's injury occurred in New York due to the loss of income from sales commissions.

Reasoning: The district court ruled that New York law applies, which does not recognize retaliatory discharge as a tort.

Consideration of Last Act Necessary for Liability

Application: Plaintiff argued that the applicable law should be based on the location of the defendant's last act necessary for establishing liability, potentially applying Indiana or New Jersey law instead of New York.

Reasoning: Hager, while agreeing with the district court's general choice of law approach, argued that the court misapplied it by not considering the location of the defendant's last act necessary for establishing liability.

Indiana Supreme Court's Clarification on Lex Loci Delicti

Application: The Hubbard ruling clarified that liability occurs where the last event necessary for liability happens, allowing consideration of other relevant factors if the location of the tort has minimal connection.

Reasoning: The Supreme Court of Indiana has provided critical clarification regarding the lex loci delicti test in Hubbard Manufacturing Co. v. Greeson, emphasizing that a tort is committed in the state where the last event necessary for liability occurs.