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BROWN v. CROWN EQUIPMENT CORP.

Nos. 06-2705, 06-2706.

501 F.3d 75 (2007)

Claire BROWN, Plaintiff, Appellee/Cross-Appellant, v. CROWN EQUIPMENT CORPORATION, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided September 4, 2007.

Attorney(s) appearing for the Case

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.

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.

Nicole L. Lorenzatti with whom Terrence D. Garmey and Smith Elliott, Smith & Garmey P.A. were on brief for appellee/cross-appellant.

Stephen B. Pershing, Center for Constitutional Litigation, P.C., and Lewis S. Eidson on brief for the American Association for Justice, Amicus Curiae.

Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

BOUDIN, Chief Judge.

The central question on this appeal is whether Maine law would recognize a post-sale duty to warn claim where a manufacturer's product is not defective at the time of sale but a hazard later develops because of a change in the user environment. Other jurisdictions have disagreed on this question and the Maine Supreme Judicial Court has not spoken. We conclude that this determinative issue should be certified to the Maine Supreme Judicial Court...

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