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CHILDRESS v. COSTCO WHOLESALE CORP.

Nos. 19-35441 19-35493.

978 F.3d 664 (2020)

Randall CHILDRESS; Claudia Childress, Plaintiffs-Appellees/Cross-Appellants, v. COSTCO WHOLESALE CORPORATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 19, 2020.

Attorney(s) appearing for the Case

Susan Moriarity Miltko (argued) and Tyler C. Smith , Williams Law Firm P.C., Missoula, Montana, for Defendant-Appellant/Cross-Appellee.

Quentin M. Rhoades (argued) and Kristin Bannigan , Rhoades Siefert & Erickson PLLC, Missoula, Montana, for Plaintiffs-Appellees/Cross-Appellants.

Before: Jay S. Bybee and Daniel P. Collins, Circuit Judges, and James Alan Soto, District Judge.

ORDER

The appeal pending before this Court calls on us to determine whether, under Montana law, so-called parasitic emotional distress damages are available for an underlying negligence claim for personal property damage or loss. This central question of state law is determinative of the instant case, and we find no controlling precedent in the decisions of the Montana Supreme Court. Mont. R. App. P. 15(3). Thus, we respectfully certify this question of law to the...

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