Southland Farms, Inc. v. Ciba-Geigy Corporation

Eleventh Circuit

Southland Farms, Inc. v. Ciba-Geigy Corporation

930 F.2d 21, 1991 U.S. App. LEXIS 7563, 1991 WL 53884

Court of Appeals for the Eleventh Circuit·Decided April 30, 1991·No. 89-7730·Published·Cited by 1 cases

Opinion

*22 HATCHETT, Circuit Judge:

This court certified this case to the Supreme Court of Alabama requesting that Court to answer the following question:

Whether the disclaimer on Ciba-Geigy's product is unconscionable and precludes the recovery of consequential damages.

The Alabama Supreme Court has held that the disclaimer precludes the recovery of consequential damages. Southland Farms, Inc. v. Ciba-Geigy Corp., 575 So.2d 1077 (1991).

In light of the Supreme Court of Alabama’s decision and for the reasons stated therein, the district court’s decision is affirmed.

AFFIRMED.

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*22 HATCHETT, Circuit Judge:

This court certified this case to the Supreme Court of Alabama requesting that Court to answer the following question:

Whether the disclaimer on Ciba-Geigy's product is unconscionable and precludes the recovery of consequential damages.

The Alabama Supreme Court has held that the disclaimer precludes the recovery of consequential damages. Southland Farms, Inc. v. Ciba-Geigy Corp., 575 So.2d 1077 (1991).

In light of the Supreme Court of Alabama’s decision and for the reasons stated therein, the district court’s decision is affirmed.

AFFIRMED.

Southland Farms, Inc. v. Ciba-Geigy Corporation, 930 F.2d 21, 1991 U.S. App. LEXIS 7563, 1991 WL 53884 (11th Cir. 1991).

Pincite

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Opinion

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