9th Circ. Orders New Asbestos Trial Based On Evidence Flub

Law360, New York (January 15, 2014, 7:06 PM EST) -- In an en banc ruling Wednesday, the Ninth Circuit found that a $9.4 million judgment against two paper equipment manufacturers in a mesothelioma lawsuit was wiped out by a lower court's failure to assess the reliability of the plaintiffs' expert testimony.

A federal judge in Washington state should have examined the testimony under the Daubert standard, which requires courts to consider factors such as whether a scientific theory or technique can be tested, according to a panel of 11 judges.

A majority found that defendants AstenJohnson...
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