Supreme Court to answer Ninth Circuit question in AED case

A month ago, two of three judges on a Ninth Circuit panel asked the California Supreme Court to answer the state law question, “In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator (‘AED’) for cases of sudden cardiac arrest?” The Supreme Court today agreed to answer the question. Six justices voted to answer the question; Justice Kennard was recused.