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Armijo v. Ex Cam, Inc.

United States Court of Appeals, Tenth Circuit
Mar 23, 1988
843 F.2d 406 (10th Cir. 1988)

Summary

denying certification in part because plaintiff "did not request certification until after the district court made a decision unfavorable to her"

Summary of this case from Boyd Rosene & Associates, Inc. v. Kansas Municipal Gas Agency

Opinion

No. 87-1323.

March 23, 1988.

Tanya L. Scott of Ortega and Snead, P.A., Albuquerque, N.M., for plaintiff-appellant.

Alan Konrad and Judith E. Amer of Miller, Stratvert, Torgerson Schlenker, P.A., Albuquerque, N.M., for defendants-appellees.

Appeal from the United States District Court for the District of New Mexico.

Before McKAY, ANDERSON, and TACHA, Circuit Judges.


In this diversity action, the plaintiff sought damages from the importer and the manufacturer of a handgun for death and personal injury resulting from the criminal use of the handgun. The district court granted the defendants' motion to dismiss for failure to state a claim upon which relief can be granted, 656 F. Supp. 771, and plaintiff appeals. Plaintiff has also filed a motion for certification to the New Mexico Supreme Court.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.8. The cause is therefore ordered submitted without oral argument.

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.

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).

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. Dun Bradstreet, 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.

AFFIRMED.


Summaries of

Armijo v. Ex Cam, Inc.

United States Court of Appeals, Tenth Circuit
Mar 23, 1988
843 F.2d 406 (10th Cir. 1988)

denying certification in part because plaintiff "did not request certification until after the district court made a decision unfavorable to her"

Summary of this case from Boyd Rosene & Associates, Inc. v. Kansas Municipal Gas Agency

denying certification in part because plaintiff "did not request certification until after the district court made a decision unfavorable to her"

Summary of this case from Potter v. Synerlink Corp.

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"

Summary of this case from Am. Nat'l Prop. & Cas. Co. v. Burns

applying New Mexico law and rejecting application of doctrine to manufacturing of handguns

Summary of this case from Copier v. Smith Wesson Corp.

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"

Summary of this case from United States v. Devargas

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"

Summary of this case from Young v. Hartford Cas. Ins. Co.

stating that "[c]ertification is not to be routinely invoked whenever a federal court is presented with an unsettled question of state law" and denying motion to certify in part because "the plaintiff did not request certification until after the district court made a decision unfavorable to her"

Summary of this case from Dockery v. Allstate Ins. Co.

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"

Summary of this case from Patterson v. Nine Energy Serv., LLC

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"

Summary of this case from Patterson v. Nine Energy Serv., LLC

discussing certification to state supreme court

Summary of this case from Green v. Fishbone Safety Sols., Ltd.

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"

Summary of this case from XTO Energy, Inc. v. ATD, LLC

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"

Summary of this case from Anderson Living Trust v. ConocoPhillips Co.
Case details for

Armijo v. Ex Cam, Inc.

Case Details

Full title:DOLORES ARMIJO, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF…

Court:United States Court of Appeals, Tenth Circuit

Date published: Mar 23, 1988

Citations

843 F.2d 406 (10th Cir. 1988)

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