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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