Kidney ex rel. Kidney v. Kolmar Laboratories, Inc.

JON O. NEWMAN, Circuit Judge:

This appeal represents the inaugural use of a valuable device for cooperation among the federal and state courts within this Circuit — certification by this Court of a question of state law to the highest court of the relevant State. New York and Connecticut have recently adopted the certification procedure. See N.Y. Rules of Court § 500.17 (N.Y.Ct.App.) (McKinney rev. ed. 1986); 1985 Conn. Acts III § 1 et seq. (Reg. Sess.). On this appeal from a judgment of the District Court for the Southern District of New York (Lee P. Gagliardi, Judge), we concluded that the…