9th Circ. Nixes $9.4M Mesothelioma Award Over Expert

Law360, San Diego (November 16, 2012, 10:10 PM EST) -- The Ninth Circuit on Friday vacated a $9.4 million award for a retired Washington paper mill employee who developed mesothelioma, holding that the lower court failed to assess the reliability of expert testimony for the plaintiffs.

The three-judge panel determined that the Washington district court abused its discretion by allowing the presentation of expert testimony on behalf of the plaintiffs to the jury without making any gateway determinations regarding relevance and reliability. It remanded the case for a new trial in light of the court’s 2003...
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