Printable Format60-3201. Power to answer. The Kansas supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States, a United States district court or the highest appellate court or the intermediate appellate court of any other state, when requested by the certifying court if there are involved in any proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court and the court of appeals of this state.
History: L. 1979, ch. 181, § 1; July 1.
Law Review and Bar Journal References:
"Insurer's Bad Faith: A New Tort for Kansas?" Janet Amerine and Jan E. Montgomery, 19 W.L.J. 467, 487 (1980).
"Insurance—Punitive Damages—Does Kansas Allow Coverage When Liability Is Vicariously Imposed? From Guarantee To Kline," John E. Sullivan, 32 K.L.R. 932 (1984).
"Tort Law: Recovery of Wrongful Birth Damages in Kansas [Arche v. United States, 247 Kan. 276, 798 P.2d 477 (1990)]," Bryan W. Smith, 30 W.L.J. 566, 567 (1991).
"An Analysis of the Latent Disease Statute of Limitation," Paul H. Hulsey, J.K.T.L.A. Vol. XVII, No. 3, 6, 7 (1994).
"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).
"Gunfight at the K-12 Corral: Legislative vs. Judicial Power in the Kansas School Finance Litigation," Richard E. Levy, 54 K.L.R. 1021 (2006).
Attorney General's Opinions:
Annexation; land devoted to agricultural use, effect of presence of home site; rural homestead exemption. 96-17.
CASE ANNOTATIONS
1. Kansas Supreme Court may answer questions of law certified to it where no controlling precedent exists to guide certifying court. Spencer v. Aetna Life & Casualty Ins. Co., 227 Kan. 914, 915, 611 P.2d 149.
2. Applied; doctrine of comparative fault requires all parties to an occurrence to have their respective fault determined in one action. Albertson v. Volkswagenwerk Aktiengesellschaft, 230 Kan. 368, 634 P.2d 1127 (1981).
3. Question certified hereunder regarding corporate liability for punitive damages for act of agent or employee within scope of employment but without direction or authorization by board of directors. Kline v. Multi-Media Cablevision, Inc., 233 Kan. 988, 989, 990, 994, 666 P.2d 711 (1983).
4. Certification hereunder; claim arising from negligent release of patient from state institution as distinguished from negligent failure to warn those who might be injured. Durflinger v. Artiles, 234 Kan. 484, 499, 500, 506, 673 P.2d 86 (1983).
5. Applicability of K.S.A. 60-258a in action against former officers and employees of insolvent savings and loan association discussed. Federal Savings & Loan Ins. Corp. v. Huff, 237 Kan. 873, 874, 704 P.2d 372 (1985).
6. On question certified, status of life estate as part of life tenant's estate determined. Gaskill v. United States, 238 Kan. 238, 708 P.2d 522 (1985).
7. Cited; questions regarding common-law liability of innkeeper (K.S.A. 36-402) and duties of parties regarding sample merchandise belonging to another determined. Nova Stylings, Inc. v. Red Roof Inns, Inc., 242 Kan. 318, 319, 747 P.2d 107 (1987).
8. Cited; employer's lack of duty to third party or injury caused by off-duty employee who became intoxicated on job determined. Thies v. Cooper, 243 Kan. 149, 150, 753 P.2d 1280 (1988).
9. Cited; extension of term mineral interest covering several tracts where one tract unitized (K.S.A. 55-1301 et seq.) determined. Edmonston v. Home Stake Oil & Gas Corp., 243 Kan. 376, 762 P.2d 176 (1988).
10. Applicability of 10-year limitation (K.S.A. 60-513(b)) to claims based upon latent diseases determined. Tomlinson v. Celotex Corp., 244 Kan. 474, 770 P.2d 825 (1989).
11. Employee's right to third-party action against employer (K.S.A. 44-5a07) for occupational disease, time limitation on claim (K.S.A. 44-5a01) determined. Tomlinson v. Owens-Corning Fiberglass Corp., 244 Kan. 506, 507, 770 P.2d 833 (1989).
12. Retroactive applications of 1987 amendment to K.S.A. 60-258a examined. Wichita Fed'l Savings & Loan Ass'n v. Black, 245 Kan. 523, 542, 781 P.2d 707 (1989).
13. Legislative limitation on recovery of noneconomic damages (K.S.A. 60-19a01, 60-19a02) as not violating any constitutional rights determined. Samsel v. Wheeler Transport Services, Inc., 246 Kan. 336, 337, 789 P.2d 541 (1990).
14. Petition for certiorari with U.S. Supreme Court as not extending filing time for motion to modify sentence examined. State v. Miller, 246 Kan. 445, 448, 790 P.2d 419 (1990).
15. Wrongful birth as recognized tort, type of damages and period of time covered determined. Arche v. United States of America, 247 Kan. 276, 292, 798 P.2d 477 (1990).
16. Cited in opinion certifying to U.S. district court that K.S.A. 60-507 is statute of limitations applicable to inverse condemnation proceedings. Hiji v. City of Garnett, 248 Kan. 1, 2, 804 P.2d 950 (1991).
17. On question certified, K.S.A. 40-3403(h) abrogating certain common-law vicarious liability held constitutional. Bair v. Peck, 248 Kan. 824, 826, 811 P.2d 1176 (1991).
18. Sales tax lien held as attaching to real property which is subject to constitutional claim of homestead exemption. Homestead Land Title Co. v. United States, 249 Kan. 569, 819 P.2d 660 (1991).
19. Certification to Kansas supreme court of question of recognition of the loss of chance of a more favorable recovery theory denied. Delaney v. Cade, 758 F. Supp. 1437, 1439 (1991).
20. Insurance commissioner not required to execute appeal bond in excess of health care stabilization fund's liability (K.S.A. 40-3401 et seq.) Todd v. Kelly, 251 Kan. 512, 513, 526, 837 P.2d 381 (1992).
21. Whether a swimming pool, public or private, is in the same class as instrumentalities and places regarded as attractive nuisances examined. Mozier v. Parson, 256 Kan. 769, 887 P.2d 692 (1995).
22. Issue regarding validity of arbitration clause in insurance contract governed by law of another state need not be certified question. Federated Rural Elec. Ins. v. International Ins., 884 F. Supp. 439, 444 (1995).
23. Court will not reverse federal district court order denying issue for certification to state supreme court. Marzolf v. Gilmore, 924 F. Supp. 127, 129 (1996).
24. Upon certified question from Missouri Court of Appeals, held court should enforce tariff limiting liability approved by KCC to simple negligence only. Danisco Ingredients USA, Inc. v. Kansas City Power & Light Co., 267 Kan. 760, 771, 986 P.2d 377 (1999).
25. Certification of questions of law to state court not mandate, decision to certify rests with federal court. Kansas Judicial Watch v. Stout, 455 F. Supp. 2d 1258, 1262 (D.Kan. 2006).
26. Certified question regarding applicable statute of limitations for ERISA claim. Burnett v. Southwestern Bell Telephone, 283 Kan. 134, 136, 151 P.3d 837 (2007).
27. Federal court denies defendant's motion to certify questions of law to Kansas Supreme Court relating to traffic stop evidence seizure. U.S. v. Jones, 512 F. Supp. 2d 1193, 1194 (2007).
28. Supreme court answers certified questions of law relating to "occurrences" under automobile insurance policy. American Family Mut. Ins. Co. v. Wilkins, 285 Kan. 1054, 1056, 179 P.3d 1104 (2008).
29. Cited; supreme court answers certified questions relating to Kansas code of judicial conduct Canons 5A and 5C. Kansas Judicial Review v. Stout, 287 Kan. 450, 452, 196 P.3d 1162 (2008).
30. Injector of natural gas which migrates loses title to gas which migrated prior to July 1, 1993. Northern Natural Gas Co. v. Martin, Pringle, et al., 289 Kan. 777, 217 P.3d 966 (2009).