U.S. Court of Appeals for the Third Circuit, 2004

Simon v. United States

Simon v. United States
U.S. Court of Appeals for the Third Circuit · Decided April 27, 2004 · Sloviter, Ambro, Becker
366 F.3d 204; 2004 WL 859184 (Federal Reporter, Third Series)

Simon v. United States

Opinion

ORDER

BECKER, Judge.

The interlocutory appeal came before us on a certification by the District Court pursuant to 28 U.S.C. § 1292(b), which presented us with the question whether Indiana’s or D.C.’s choice-of-law rules govern a suit against the United States by the estates of passengers killed in the crash of a small private aircraft.

*205 On August 20, 2003, we filed an opinion, 341 F.3d 193 (3d Cir. 2003), accompanied by a certification of the following questions to the Indiana Supreme Court: (1) whether a true conflict exists between Indiana’s and D.C.’s choice-of-law rules; and (2) if there is a true conflict and Indiana’s choice-of-law rules therefore control per our “last significant act” test, how to resolve a split among the Hubbard factors in choosing a jurisdiction’s substantive law when one factor points toward Indiana, another toward Pennsylvania, and the third is indeterminate, and what substantive law Indiana would choose under these facts.

On March 31, 2004, the Indiana Supreme Court filed an opinion, No. 94S00-0308-CQ-377, responding to the certified questions. 1

The questions certified to us by the District Court now having been answered, the case is remanded to the District Court for further proceedings.

1

. We note that the District Court accurately predicted the Indiana Supreme Court’s holding.

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