Opinion · Court of Appeals for the Tenth Circuit
Armijo v. Ex Cam, Inc.
Armijo v. Ex Cam, Inc., 843 F.2d 406 (10th Cir. 1988)
- Type
- Opinion
- Court
- Court of Appeals for the Tenth Circuit
- Jurisdiction
- Federal
- Date
- 1988-03-23
- Topic
- general
holding that, to predict what a state’s highest court would do, federal courts should consider “state court decisions, decisions of other states, federal decisions, and the general weight and trend of authority” | concluding that where “the state’s highest court has not addressed the issue presented, the federal court . . . should consider state court decisions, decisions of other states, federal decisions, and the general weight and trend of authority” | noting that "[c]ertification is not to be routinely invoked whenever a federal court is presented with an unsettled question of state law" and that "the plaintiff did not request certification until after the district court made a decision unfavorable to her" | noting, as grounds for denying certification request, that the "plaintiff did not request certification until after the district court made a decision unfavorable to her" | noting with disfavor in denying a motion to certify that "the plaintiff did not request certification until after the district court made a decision unfavorable to her" | "Whether to certify a question of state law to the state supreme court is within the discretion of the federal court." | federal courts are required to apply the law of the forum state in a diversity action | “Certification is not to be routinely invoked whenever a federal court is presented with an unsettled question of state law.” | “Certification is not to be routinely invoked whenever a federal court is presented with an unsettled question of state law.” | In a diversity action, federal courts are required to apply the law of the forum state | first citing Farmers Alliance Mut. Ins. v. Bakke, 619 F.2d 885, 888 (10th Cir.1980); and then citing Hartford v. Gibbons & Reed Co., 617 F.2d 567, 569 (10th Cir.1980) | discussing certification to state supreme court
Citator
- Cited by
- 54 opinions
Alan Konrad and Judith E. Amer of Miller, Stratvert, Torgerson Schlenker, P.A., Albuquerque, N.M., for defendants-appellees.
[2] In a diversity action, the federal courts are required to apply the law of the forum state.Pound v. Insurance Co. of N.America,439 F.2d 1059,1062(10th Cir. 1971). If the state's highest court has not addressed the issue presented, the federal court must determine what decision the state court would make if faced with the same facts and issue.Farmers Alliance Mut. Ins.Co. v. Bakke,619 F.2d 885,888(10th Cir. 1980);Hartford v.Gibbons Reed Co.,617 F.2d 567,569(10th Cir. 1980). The federal court should consider state court decisions, decisions of other states, federal decisions, and the general weight and trend of authority.Id.
[3] Neither the courts nor the legislature in New Mexico has addressed the question whether a plaintiff states a cause of action against a handgun importer or manufacturer under the circumstances presented in this case. The plaintiff advanced four theories in support of her claim: strict products liability, liability under an "ultrahazardous activity" theory, negligence liability, and a narrow form of strict products liability for "Saturday Night Specials." The district court carefully examined New Mexico law and the law of other jurisdictions, and concluded that the New Mexico court would not adopt any of the plaintiff's theories to recognize a cause of action in this case. We agree with the analysis and conclusions set forth in the district court's opinion,656 F. Supp. 771(D.N.M. 1987).
[4] The plaintiff asserts that it would be "most appropriate" for this court to certify to the New Mexico Supreme Court the question whether her claim constitutes a cause of action under New Mexico law. Whether to certify a question of state law to the state supreme court is within the discretion of the federal court.Lehman Brothers v. Schein,416 U.S. 386,391,94 S.Ct. 1741,1744,40 L.Ed.2d 215(1974);Holler v. United States,724 F.2d 104,105-06(10th Cir. 1983). Certification is not to be routinely invoked whenever a federal court is presented with an unsettled question of state law.L. Cohen Co. v. DunBradstreet,629 F. Supp. 1419,1425(D.Conn. 1986). We note that the plaintiff did not request certification until after the district court made a decision unfavorable to her. Furthermore, the relevant New Mexico law and law from other jurisdictions indicates a clear trend against recognizing this cause of action. We therefore deny the plaintiff's motion for certification and affirm the decision of the district court.
[5] AFFIRMED.Page 408