Yaeger v. Bowlin - 9th Circuit

Brian Graupner — 2012-12-06T16:03:54 -06.00

Headline: Court of Appeals Dimisses Lawsuit Based Upon "Sham Affidavit" Filed By Chuck Yaeger

Area of Law: Civil Procedure

Issue(s) Presented: Was Chuck Yaeger permitted to prevent his lawsuit from being dismissed by filing a sworn affidavit that provided details about this lawsuit that he repeatedly did not recall during his deposition?

Brief Summary: Famous aviator Chuck Yaeger filed a lawsuit in 2008 in which he claimed that Aviation Autographs -- a company that sells aviation-related memorabilia -- had violated his rights of publicity and privacy. At his deposition, Yaeger stated that he could not provide answers to nearly 200 different questions, even after his recollection was refreshed by various documents and despite the fact that many of these questions concerned critical areas of the lawsuit. Later, however, when defendants moved to dismiss Yaeger's lawsuit, Yaeger submitted a sworn declaration that provided extensive details about the relevant events. The district court determined that Yaeger's declaration was a "sham affidavit" because it contradicted his earlier sworn deposition testimony that he did not recall key events regarding the lawsuit. The Ninth Circuit affirmed, stating that "no juror would believe
Yeager's weak explanation for his sudden ability to remember the answers to important questions about the critical issues of his lawsuit." Yaeger's lawsuit was accordingly dismissed.

Argument (if known): 10/12/2011

Date of Issued Opinion: 9/10/2012

Docket Number: 10-16503

Decided: Affirmed

Counsel (if known): Jon R. Williams, Boudreau Williams LLP, San Diego, California,
for the Chuck Yaeger; Todd M. Noonan, Stevens, O'Connell & Jacobs LLP, Sacramento,
California, for the defendants.

Author of Opinion: Judge O'Brien

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Yaeger v. Bowlin - 9th Circuit