Leroy Haeger v. the Goodyear Tire & Rubber Co

I respectfully dissent from the panel’s decision to remand this case to the district court. The Supreme Court remanded the case to us to determine, in the first instance, whether Defendant-Appellant Goodyear Tire & Rubber Company (Goodyear) waived any causation challenge to the district court’s $2 million contingency sanctions award. See Goodyear Tire & Rubber Co. v. Haeger, — U.S. —, 137 S.Ct. 1178, 1190, 197 L.Ed.2d 585 (2017) (“The possibility of waiver should therefore be the initial order of business below. If a waiver is found, that is the end of this case. If not, the District Court…