Defendants Revel In 9th Circ.'s New Gatekeeper Status

Law360, New York (January 16, 2014, 8:56 PM EST) -- The Ninth Circuit's finding Wednesday that appellate panels can hand victory to a party based on the unreliability of an opponent's expert testimony is a boon to defendants that have lost a product liability trial because it allows evidentiary issues to be decided on friendlier ground, attorneys say.

The holding came in an en banc decision erasing a $9.4 million judgment against AstenJohnson Inc. and Scapa Dryer Fabrics Inc. in a mesothelioma lawsuit. The Ninth Circuit ruled that the lower court should have assessed the plaintiffs'...
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Case Information

Case Title

Estate of Henry Barabin, et al v. AstenJohnson, Inc., et al

Case Number



Appellate - 9th Circuit

Nature of Suit

4368 Asbestos Pers Injury-Prod.Liab.

Date Filed

January 5, 2011

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