9th Circuit En Banc Panel Again Throws Out $10 Million Asbestos Verdict; Remands for New Trial

SAN FRANCISCO –– An en banc panel from the U.S. Court of Appeal for the 9th Circuit has agreed with an earlier holding reversing a $10 million asbestos verdict on grounds that the lower court should have conducted an admissibility hearing in regards to two of the plaintiffs’ experts.

In the Jan. 15 published opinion, the 9th Circuit panel wrote that the “District Court failed to make findings of relevancy and reliability before admitting into evidence the expert testimony of [the experts] and expert testimony regarding the theory that ‘every asbestos fiber is causative.’”

Henry and Geraldine Barabin contend that …