HAEGER v. GOODYEAR TIRE & RUBBER CO.

Nos. 12-17718, 13-16801, 13-16861, 13-16862.

813 F.3d 1233 (2016)

Leroy HAEGER; Donna Haeger, husband and wife; Barry Haeger; Suzanne Haeger, husband and wife, Plaintiffs-Appellees, v. The GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, Defendant-Appellant, and Spartan Motors, Inc., a Michigan corporation; Gulfstream Coach, Inc., an Indiana corporation, Defendants, v. Roetzel & Andress, LPA; Basil J. Musnuff, Movants. Leroy Haeger; Donna Haeger, husband and wife; Barry Haeger; Suzanne Haeger, husband and wife, Plaintiffs-Appellees, v. The Goodyear Tire & Rubber Company, an Ohio corporation, Defendant-Appellant. Leroy Haeger; Donna Haeger, husband and wife; Barry Haeger; Suzanne Haeger, husband and wife, Plaintiffs-Appellees, v. The Goodyear Tire & Rubber Company, an Ohio corporation; Spartan Motors, Inc., a Michigan corporation; Gulfstream Coach, Inc., an Indiana corporation, Defendants, v. Basil J. Musnuff, Movant-Appellant. Leroy Haeger; Donna Haeger, husband and wife; Barry Haeger; Suzanne Haeger, husband and wife, Plaintiffs-Appellees, v. The Goodyear Tire & Rubber Company, an Ohio corporation; Spartan Motors, Inc., a Michigan corporation; Gulfstream Coach, Inc., an Indiana corporation, Defendants, v. Fennemore Craig, P.C.; Graeme Hancock, Movants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 16, 2016.

Amended February 16, 2016.


Attorney(s) appearing for the Case

Pierre H. Bergeron (argued), Squire Sanders LLP, Cincinnati, OH; George Brandon , Squire Sanders LLP, Phoenix, AZ; Jill G. Okun , Squire Sanders LLP, Cleveland, OH, for Defendant-Appellant/Defendant The Goodyear Tire & Rubber Company.

Mark I. Harrison (argued), Jeffrey B. Molinar , Osborn Maledon, PA, Phoenix, AZ, for Movant/Movant-Appellant Basil J. Musnuff.

Andrew M. Jacobs , (argued), Katherine V. Foss , Snell & Wilmer LLP, Tucson, AZ; James R. Condo , Lisa M. Coulter , Snell & Wilmer LLP, Phoenix, AZ, for Movant-Appellant Graeme Hancock.

John J. Egbert (argued), Jennings Strouss & Salmon, PLC, Phoenix, AZ; David L. Kurtz , The Kurtz Law Firm, Scottsdale, AZ, for Plaintiffs-Appellees.

Opinion by Judge MILAN D. SMITH, Jr.; Dissent by Judge WATFORD.


The opinion and dissent filed on July 20, 2015 and published at 793 F.3d 1122 are hereby amended. The amended opinion and dissent are filed concurrently with this order.

With these amendments, Judge M. Smith voted to deny the petitions for...

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