Civil Death Penalty’ Sanction May Not Implicate Due Process Concerns

AGG Partner Henry R. Chalmers published an article in the Spring 2011 issue of the American Bar Association Litigation News magazine. The article is titled ‘Civil Death Penalty’ Sanction May Not Implicate Due Process Concerns” regarding the court’s decision in Bahena v. Goodyear Tire & Rubber Co., a case involving a multi-fatality rollover auto accident that was allegedly caused by a Goodyear tire. Toward the end of the discovery phase of the trial, the plaintiffs claimed Goodyear committed three discovery violations and sought sanctions against Goodyear for those violations. Mr. Chalmers describes the discovery violations, appeal and the decision, and he interviewed the co-chairs of the American Bar Association Section of Litigation’s Pretrial Practice and Discovery Committee for their opinions of the court’s decision.

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