Petroleum Helicopters, Inc. v. Avco Corporation

I respectfully dissent. I would affirm the decision below on the basis of Famham v. Bristow Helicopters, 776 F.2d 535 (5th Cir.1985). Because of the presence of the constitutional question, and because it appears to me that the considerations prompting the majority to certify this case to the Louisiana Supreme Court have been adequately resolved in Famham, I would not certify. As the majority implicitly recognizes, there are no post-Famham Louisiana decisions which would justify our departure from Famham. This circumstance might not be decisive against certification if Famham had overlooked…