9th Circuit Finds Judge Failed To Properly Vet Asbestos Experts, Testimony

9th Circuit Finds Judge Failed To Properly Vet Asbestos Experts, Testimony

SEATTLE - A Washington federal judge impermissibly delegated his role as gatekeeper under Daubert v. Merrell Dow Pharm., Inc. (509 U.S. 579 $(1993$)) to the jury when he admitted two experts and "each and every" exposure testimony in an asbestos case that produced a $10.2 million verdict, a divided Ninth Circuit U.S. Court of Appeals held Jan. 15 (Henry and Geraldine Barabin v. AstenJohnson Inc. and Scapa Dryer Fabrics Inc., Nos. 10-36142, 11-35020, 9th Cir.).

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