United States First Circuit

In a suit concerning a manufacturer's post-sale duty to warn after plaintiff's husband was killed while operating a forklift, the question of a manufacturer's duty when the manufacturer's product is not defective at the time of sale, but a hazard later develops because of a change in the user environment, is certified to the Maine Supreme Judicial Court, along with a damage computation issue arising under a Maine statute.

Appellate Information

• Decided 09/04/2007
• Published 09/04/2007

Judges

• PER CURIAM., Before TORRUELLA, BOUDIN and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan S. Franklin, Kimberly S. Walker, Fulbright & Jaworski L.L.P., Robin S. Conrad and Amar D. Sarwal, National Chamber Litigation Center, Inc., on brief for International Association of Defense Counsel and Chamber of Commerce of the United States of America, Amici Curiae., Stephen B. Pershing, Center for Constitutional Litigation, P.C., and Lewis S. Eidson on brief for the American Association for Justice, Amicus Curiae.


• For Appellees:
  
• Jeffrey F. Peck with whom Ulmer & Berne, LLP, John A.K. Grunert and Campbell, Campbell, Edwards & Conroy, P.C. were on brief for appellant/cross-appellee., Nicole L. Lorenzatti with whom Terrence D. Garmey and Smith Elliott, Smith & Garmey P.A. were on brief for appellee/cross-appellant.