Malkiewicz v. Donnelley

Order This matter is before the court upon the responses of the parties to a clerk's order entered under Local Rule 8(b), Sixth Circuit Rules. The order directed the parties to state what issues, if any, remain for the court's consideration. The plaintiffs appealed the dismissal of their diversity action for injuries incurred during employment. The defendant is the parent company of the plaintiffs' employer as well as the guarantor of the employer's self-insurance obligations under Tennessee workers' compensation law. The district court held that under Tennessee law the defendant was immune and that the plaintiffs' sole remedy was under Tennessee workers' compensation law. Upon appeal to this court, the plaintiffs moved to certify the issue of law as to defendant's immunity to the Tennessee Supreme Court. The defendant concurred in the motion. By a prior order, the question of law was certified to the Tennessee Supreme Court. That court subsequently issued its decision, concluding that the district court properly construed Tennessee law, and has submitted its decision to this court.