MILLER v. FORD MOTOR COMPANY (2018)

United States Court of Appeals, Ninth Circuit.

Aline L. MILLER, an individual, Plaintiff-Appellee, v. FORD MOTOR COMPANY, a Delaware corporation, Defendant-Appellant.

No. 14-36001

Decided: June 28, 2018

Before: BYBEE and HURWITZ, Circuit Judges, and ZOUHARY,* District Judge.

Robert J. Slavik, Attorney, Cozen O'Connor, Seattle, WA, Ivan Martin Karmel, Esquire, Attorney, Elizabeth Claire Savage, Esquire, Attorney, Ivan M. Karmel, P.C., Portland, OR, for Plaintiff-Appellee Peder Kristian Batalden, Esquire, Attorney, Emily Victoria Cuatto, Attorney, Horvitz & Levy LLP, Burbank, CA, Stephanie A. Douglas, Attorney, Bush, Seyferth and Paige PLLC, Troy, MI, Nancy Erfle, Gordon & Rees LLP, Portland, OR, Sara Anderson Frey, Esquire, Gordon & Rees, Philadelphia, PA, for Defendant-Appellant Susan D. Marmaduke, Harrang Long Gary Rudnick P.C., Eugene, OR, for Amicus Curiae Oregon Association of Defense Counsel Jonathan M. Hoffman, Esquire, Attorney, MB Law Group, LLP, Portland, OR, for Amicus Curiae Product Liability Advisory Council

ORDER **

In May 2017, following oral argument, we certified a question of state law to the Oregon Supreme Court. The Oregon Supreme Court accepted the certified question and interpreted Or. Rev. Stat. § 30.905(2) to provide that when an Oregon product liability action involves a product manufactured in a state with no statute of repose for an equivalent civil action, then the Oregon action likewise is not subject to a statute of repose. Miller v. Ford Motor Co., 363 Or. 105, 419 P.3d 392 (2018).

Accordingly, the district court order is AFFIRMED. We decline to address the appellant’s dormant Commerce Clause argument, and instead REMAND this matter to the district court for consideration in the first instance of that and any other arguments, as appropriate.

IT IS SO ORDERED.

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