9th Circ. Daubert Ruling Could Weaken Court's Gatekeeper Role

Law360, San Diego (March 27, 2013, 10:56 PM EDT) -- The Ninth Circuit is set to consider whether a court that holds a trial without properly vetting expert testimony under the Daubert standard can avoid retrying the whole case on remand — and an affirmative decision could diminish trial courts’ traditional role as evidentiary gatekeepers in product liability, intellectual property and other complex federal disputes.

The Ninth Circuit announced Monday that it would rehear an asbestos injury case en banc, after an appellate panel in November overturned a $9.4 million award to the widow of a...
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