ESCALANTE v. LIDGE

No. 21-50097.

34 F.4th 486 (2022)

Laura ESCALANTE, individually and for the benefit of all wrongful-death beneficiaries/heirs of Omar Miles White, Deceased, Plaintiff-Appellant, v. Brandy LIDGE, individually and as next friend of Z.W., Intervenor Plaintiff-Appellee, v. Creekside Logistics, L.L.C., doing business as Timber Transport, L.L.C., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED May 19, 2022.


Attorney(s) appearing for the Case

Mikell A. West , Robert William Clore , Bandas Law Firm, P.C., Corpus Christi, TX, for Plaintiff-Appellant.

Michael Jacobellis , Thomas J. Henry, P.L.L.C., San Antonio, TX, for Intervenor Plaintiff-Appellee.

Before Smith, Costa, and Wilson, Circuit Judges.


Not often are federal courts called upon to assess marital status. Yet that is what happened here: A wrongful-death suit ended in default when a trucking company went bankrupt. That left two plaintiffs— the two adverse parties on appeal—who both claimed to be the decedent's common-law wife. But because...

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