Berg

This matter is before us to review the Aaska state law questions presented by the parties to this dispute. This appeal presents a novel issue under Aaska law, i.e., is an entity subject to liability under Aaska Statute (“AS”) § 46.03.822(a)(4) if it manufactured or sold a useful product that, when used as designed and installed by the manufacturer, releases hazardous substances.

The Maytag Corporation (“Maytag”) moved to dismiss the second amended complaint filed by David and Marge Berg (“the Bergs”) for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Relying solely on federal decisions interpreting the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601-9675 , Maytag argued that it was not liable under CERCLA or its Aaska counterpart, AS § 46.03.822(a)(4). The district court dismissed the second amended complaint without citing any decision of the Aaska Supreme Court addressing the issue before this court.

The Aaska Supreme Court accepted our request for certification for its interpretation of Aaska law. In its response to our request, the Aaska Supreme…