Justices Wary Of Goodyear's 'Direct Cause' Sanction Plea

Law360, New York (January 10, 2017, 8:59 PM EST) -- Justices on the U.S. Supreme Court on Tuesday pressed lawyers to justify their opposing views on the appropriateness of a $2.7 million penalty levied against Goodyear Tire & Rubber Co. and two attorneys over bad-faith discovery misconduct, with at least some voicing concern about shouldering courts with the burden of trying to tie sanctions too closely to unknown litigation costs.

Among them was Justice Elena Kagan. She appeared skeptical that a “direct cause” test to calculate sanctions, which Goodyear was seeking, was feasible in inherently speculative...
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