U.S. Court of Appeals for the Eleventh Circuit, 1991

Southland Farms, Inc. v. Ciba-Geigy Corporation

Southland Farms, Inc. v. Ciba-Geigy Corporation
U.S. Court of Appeals for the Eleventh Circuit · Decided April 30, 1991 · Fairchild, Hatchett, Roney
930 F.2d 21; 1991 U.S. App. LEXIS 7563; 1991 WL 53884 (Federal Reporter, Second Series)

Counsel

Bayless E. Biles, Taylor D. Wilkins, Jr., Wilkins, Bankester, Biles & Wynne, Bay Minette, Ala., for plaintiff-appellant., William W. Watts, III, W. Dewitt Reams, Victor T. Hudson, Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, Ala., for defendant-appellee.

Southland Farms, Inc. v. Ciba-Geigy Corporation

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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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