April 17, 2013 Articles

Chief Judge Imposes Severe Sanctions

By Lauren M. Koloseike

A November 8, 2012 decision from the Honorable Roslyn Silver, chief judge of the District Court of Arizona, in Haeger v. Goodyear Tire and Rubber Co. could expand the scope and severity of sanctions imposed against a party and its counsel for engaging in bad faith conduct during the discovery process. No. CV-05-02046-PHX-ROS, 2012 WL 5896190 (D. Ariz. Nov. 8, 2012).  In Haeger, the plaintiffs brought a products liability action against Goodyear Tire and Rubber Company (Goodyear) for a defective G159 tire that ruptured causing their motor home to roll over and resulting in serious injuries to the plaintiffs.  Id. at *1.  Over the course of the litigation, the parties disputed over the production and existence of heat and high speed tests relating to the G159 tire.  Id. at *2-13. In April 2010, after almost five years of litigation, the parties eventually reached a settlement on the first day of trial.  Id. at *13. 

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