Tabor v. Metal Ware Corp.

CERTIFICATION OF QUESTIONS OF STATE LAW

TYMKOVICH, Circuit Judge.

This products liability case is on direct appeal from the United States District Court for the District of Utah. Timothy and Debra Tabor sued Metal Ware and others for damages they alleged were caused by a defective product sold by American Harvest, a company whose assets Metal Ware acquired in 1997. The district court granted Metal Ware’s motion for summary judgment, concluding that (1) Utah law would not impose strict liability on successor corporations for defective products sold by the predecessor corporation; (2) Utah law…