prod.liab.rep. (Cch) P 15,466 Luis Liriano v. Hobart Corporation, 616 Melrose Meat Corporation,s/h/a Super Associated, Third-Party

Judge JON 0. NEWMAN concurs in a separate opinion.

CALABRESI, Circuit Judge:

In Liriano v. Hobart Corp., 132 F.3d 124 (2d Cir.1998) (“Liriano /”), we certified to the New York Court of Appeals the question of whether a manufacturer can be liable under a failure-to-warn theory in a case in which the substantial modification defense would preclude liability under a design defect theory. See id. at 132. We also certified the question of whether, if failure-to-warn liability could exist, it would nonetheless be unavailable as a matter of law on the facts of the present case. See id. The New York…