A district court recently disqualified a plaintiff from acting
as a class representative because his spoliation of evidence
rendered him an atypical class member. The plaintiffs allege that
casting sand used in creating Jeep Wrangler engine parts seeps into
the vehicles' radiators, creating a sludge that causes heating
and cooling issues. During discovery, the defendant, which
manufactures Jeep Wranglers, requested one of the putative class
representatives to "[w]ithin 90 days... [produce] YOUR VEHICLE
for a private inspection . . . at an . . . authorized dealership
chosen by YOU."
Between that request and his response, the plaintiff, at his
counsel's request and without notice to the defendant, took his
vehicle to an unaffiliated automobile service location and had the
coolant in his radiator flushed – a service that was not
required to operate his vehicle. Following the service, the
plaintiff received two unlabeled, unsealed jugs of liquid that
purportedly came
