No Traction In Tire Tread Defect Suit, 9th Circ. Holds

Law360 (July 22, 2020, 1:06 PM EDT) -- The Ninth Circuit won't let a class of truck owners revive their suit alleging that TBC Corp. and Dynamic Tire Corp. sold defective tires, agreeing with the trial court that the class's expert failed to link his analysis to any defect.

In a memorandum order filed Tuesday, the three-judge panel rejected an appeal by named plaintiffs Julie Hamilton, Lyle McLean, Nestor Diaz and Sam Flowers, saying the district court didn't abuse its discretion by throwing out the expert's testimony because the expert was unable to articulate the basis for his opinion.

In January 2019, U.S. District Judge Dolly M. Gee threw...

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