FILED
NOT FOR PUBLICATION
JUN 28 2018
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALINE L. MILLER, an individual, No. 14-36001
Plaintiff-Appellee, D.C. No. 6:14-cv-00785-TC
v.
ORDER*
FORD MOTOR COMPANY, a Delaware
corporation,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Oregon
Thomas M. Coffin, Magistrate Judge, Presiding
Argued and Submitted May 11, 2017
Portland, Oregon
Before: BYBEE and HURWITZ, Circuit Judges, and ZOUHARY,** District
Judge.
In May 2017, following oral argument, we certified a question of state law to
the Oregon Supreme Court. The Oregon Supreme Court accepted the certified
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Jack Zouhary, United States District Judge for the
Northern District of Ohio, sitting by designation.
question and interpreted Or. Rev. Stat. § 30.905(2) to provide that when an Oregon
product liability action involves a product manufactured in a state with no statute
of repose for an equivalent civil action, then the Oregon action likewise is not
subject to a statute of repose. Miller v. Ford Motor Co., 363 Or. 105 (2018).
Accordingly, the district court order is AFFIRMED. We decline to address
the appellant’s dormant Commerce Clause argument, and instead REMAND this
matter to the district court for consideration in the first instance of that and any
other arguments, as appropriate.
IT IS SO ORDERED.
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