9th Circuit Overturns $10 Million Asbestos Verdict for Lack of Daubert Hearing

SAN FRANCISCO — The 9th Circuit has vacated a $10 million verdict and ordered a new trial on asbestos claims against AstenJohnson Inc. and Scapa Dryer Fabrics for the trial court’s failure to hold an admissibility hearing on testimony by plaintiffs’ causation experts.

The Circuit Court panel ruled Nov. 16 that the U.S. District Court for the Western District of Washington abused its discretion and failed in its gatekeeping role in denying defendants’ motion for a Daubert hearing on testimony concluding that felt fibers in a paper mill were a causative factor in the plaintiff's illness.

Henry and Geraldine Barabin …