Farsian v. Pfizer

PER CURIAM Garshasb Farsian sued Shiley, Inc., and its parent corporation Pfizer, Inc., (hereinafter collectively referred to as Shiley) alleging, among other things, that they fraudulently induced Farsian to receive a Bjork-Shiley heart valve implant by not revealing to Farsian certain risks and defects. Shiley moved for summary judgment, contending that because Farsian's valve was working properly, the claim should fail. Although the district court denied Shiley's motion, the court certified, pursuant to 28 U.S.C. § 1292(b), that the order involved a controlling question of law as to which there is substantial ground for difference of opinion, and we permitted an interlocutory appeal. The issue on appeal is whether the district court properly denied Shiley's motion for summary judgment. Because the resolution of this issue involves a question of Alabama law that we find unanswered by controlling precedent, we certify a question to the Supreme Court of Alabama pursuant to Ala.R.App.P. 18.