Miller v. Ford Motor Co., No. 14-36001 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit certified the following question to the Oregon Supreme Court: Oregon's statute of repose for products liability actions, Or. Rev. Stat. 30.905(2), provides that a civil action "must be commenced before the later of . . . ten years . . . or . . . the expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured . . . ." If the state of manufacture has no relevant statute of repose, is a plaintiff entitled to an unlimited period (subject to the statute of limitations) in which to bring suit in Oregon court?
Court Description: Certification to Oregon Supreme Court. The panel certified the following question of state law to the Oregon Supreme Court: Oregon’s statute of repose for products liability actions (Or. Rev. Stat. § 30.905(2)) provides that a civil action “must be commenced before the later of . . . ten years . . . or . . . the expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured . . . .” If the state of manufacture has no relevant statute of repose, is a plaintiff entitled to an unlimited period (subject to the statute of limitations) in which to bring suit in Oregon court?
The court issued a subsequent related opinion or order on June 28, 2018.
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