Madeleine Barlow v. State of Washington

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MADELEINE BARLOW, No. 21-35397 Plaintiff-Appellant, D.C. No. v. 3:20-cv-05186-BHS

STATE OF WASHINGTON, ORDER CERTIFYING

DBA Washington State QUESTIONS TO THE University, WASHINGTON Defendant-Appellee. SUPREME COURT

Filed June 23, 2022

Before: Danny J. Boggs, * Andrew D. Hurwitz, and Jennifer Sung, Circuit Judges.

Order

* The Honorable Danny J. Boggs, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. SUMMARY **

Certification of Questions to State Supreme Court

In an appeal from the district court’s grant of summary judgment to defendant University of Washington on Title IX and common law negligence claims, the panel certified to the Washington Supreme Court the following questions concerning the negligence claim:

1. Does Washington law recognize a special relationship between a university and its students giving rise to a duty to use reasonable care to protect students from foreseeable injury…