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Miller v. Ford Motor Co.

United States Court of Appeals, Ninth Circuit

May 26, 2017

Aline L. Miller, an individual, Plaintiff-Appellee,
v.
Ford Motor Company, a Delaware corporation, Defendant-Appellant.

         D.C. No. 6:14-cv-00785-TC

          Emily V. Cuatto and Peder K. Batalden, Horvitz & Levy LLP, Encino, California; Nancy M. Erfle and Jessica D. Osborne, Gordon & Rees LLP, Portland, Oregon; Sara Anderson Frey, Gordon & Rees LLP, Philadelphia, Pennsylvania; for Defendant-Appellant.

          Elizabeth C. Savage and Ivan M. Karmel, Portland, Oregon; Robert J. Slavik, Seattle, Washington; for Plaintiff-Appellee.

          Susan Marmaduke and J. Aaron Landau, Harrang Long Gary Rudnick P.C., Portland, Oregon, for Amicus Curiae Oregon Association of Defense Counsel.

          Jonathan M. Hoffman and Alice Sayers Newlin, Martin Bischoff Templeton Langslet & Hoffman LLP, Portland, Oregon, for Amicus Curiae The Product Liability Advisory Council, Inc.

          Before: Jay S. Bybee and Andrew D. Hurwitz, Circuit Judges, and Jack Zouhary, [*] District Judge.

         ORDER CERTIFYING A QUESTION TO THE OREGON SUPREME COURT

         SUMMARY[**]

         Certification to Oregon Supreme Court

         The panel certified the following question of state law to the Oregon Supreme Court:

Oregon's statute of repose for products liability actions (Or. Rev. Stat. § 30.905(2)) provides that a civil action "must be commenced before the later of . . . ten years . . . or . . . the expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured . . . ." If the state of manufacture has no relevant statute of repose, is a plaintiff entitled to an unlimited period (subject to the statute of limitations) in which to bring suit in Oregon court?

          ORDER

          JAY S. BYBEE, CIRCUIT JUDGE, PRESIDING

         Pursuant to Oregon Revised Statutes § 28.200, we certify the following question to the Oregon Supreme Court:

Oregon's statute of repose for products liability actions (Or. Rev. Stat. ยง 30.905(2)) provides that a civil action "must be commenced before the later of . . . ten years . . . or . . . the expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured . . . ." If the state of manufacture has no relevant statute of repose, is a plaintiff entitled to an ...

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